HomeMy WebLinkAbout1990-OR-60 ORDINANCE NO.90-OR-60
An ordinance establishing a schedule of rates and charges
to be collected by the City of Jeffersonville from the owners
of property served by the sewage works of said City and
other matters connected therewith.
WHEREAS, the City has heretofore constructed and has in operation a sewage
works for the purpose of collecting and disposing of the sewage of the City in a
sanitary manner and has heretofore authorized construction of improvements
thereto financed in part by grants' from the U.S. Environmental Protection Agency
and the State of Indiana; and
WHEREAS, the City is the recipient of a grant from the U.S. Environmental
Protection Agency and the State of Indiana; and
WHEREAS, the City will sell revenue bonds to fund that portion of the cost
of the sewage works not covered by grants; and
WHEREAS, an examination of the existing schedule of rates and '~charges
heretofore fixed by ordinances of the City fails to meet the guidelines set by
the U.S. Environmental Protection iAgency for recipients of federal grants; and
WHEREAS, it is necessary to establish a new schedule of rates and charges
to produce sufficient revenue to pay expenses of maintenance and operation, to
pay the principal and interest onloutstanding and proposed revenue bonds, and to
provide funds for necessary replacements and improvements to the sewage works,
all in a manner in accordance with guidelines of the Indiana Department of
Environmental Management and the U.S. Environmental Protection Agency~ now
therefore
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA
Section 1. Unless the context specifically indicates otherwise, the
meaning of terms used in this ordinance shall be as follows:
(a) "Council" shall mean the Common Council of the City of Jeffersonvilte,
or any duly authorized officials acting on its behalf.
(c)
(d)
(e)
"BOD" (or Biochemical OXygen Demand) shall have the same
meaning as defined in the Use Ordinance.
"City" shall mean the City of Jeffersonvitle acting by and through
the Council.
"Debt service costs" shall mean the average annual principal ~nd
interest payments on all outstanding revenue bonds or other longiterm
capital debt.
"Excessive strength surcharges" shall mean an additional charge which
is billed to users for treating sewage wastes with an average strength
in excess of "normal domestic sewage".
(f)
"Industrial wastes" shall mean the wastewater discharges from
industrial, trade or business processes as distinct from employee
wastes or wastes from sanitary conveniences.
(g)
(h)
(z)
(j)
(k)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s>
"NPDES (National Pollutant Discharge Elimination System) Permit" shall
have the same meaning as defined in the Sewer Use Ordinance.
"NH3N" (or ammonia nitrogen) shall have the same meaning as defined in
the Use Ordinance.
"Normal'domestic sewage" (for the purpose of determining surcharges)
shall mean wastewater or sewage having an average daily concentration
as follows:
BOD not more than 300 mt/1
S.S. not more than 300 mt/1
NH3N not more than 15 mg/1
As defined by origin, wastewaters from segregated domestic and/or
sanitary conveniences as distinct from wastes from industrial
processes.
"Operation and maintenance costs" include all costs, direct and
indirect, necessary to provide adequate wastewater collection,
transport and treatment on a continuing basis and produce discharges
to receiving waters that conform with all related Federal, State and
local requirements. (These costs include replacement.)
"Other service charges" shall mean tap charges, connection charges,
area charges, and other identifiable charges, other than User Charges,
debt service charges and excessive strength surcharges.
"P" (or phosphorus) shall have the same meaning as defined in the Use
Ordinance.
"Person" shall mean any and all persons, natural or artificial,
including any individual, firm, company, municipal or private
corporation[ association, society, institution, enterprise,
governmental agency or other entity.
"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." (or suspended solids) shall have the same meaning as defined in
the Use Ordinance.
"Shall" is mandatory; "May" is permissive.
"Sewage" shall have the same meaning as defined in the Sewer Use
Ordinance.
"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.
"User Charge" shall mean a charge levied on users of the wastewater
treatment works for the cost of operation and maintenance of such
works pursuant to Section 204(b) of Public Law 92-500.
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"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 City 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 City, 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 manufacturing or processing facility
that discharges industrial waste to a publicly owned treatment works.
Section 2. Every person whose premises are served by said sewage works
shall be charged fot the services 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 United States Environmental Protection Agency. Replacement
costs, which are recovered through the system of user charges,
shall be based upon the expected service life of the sewage works
equipment.
(b) The various classes of users of the treatment works for the
purposes of this Ordinance, shall be as follows:
1. Residential
2. Commercial
3. Governmental
4. Institutional
5. Industrial
Section 3. For the use of and the service rendered by said sewage
works, rates and charges shall be collected from the owners of each and every
lot, parcel of real estate or building that is connected with the City's
sanitary system or otherwise discharges sanitary sewage, industrial wastes,
water or other liquids, either directly or indirectly, into the sanitary
sewerage system of the City of Jeffersonville. Such rates and charges include
User Charges, debt service costs, excessive strength surcharges and other
service charges, which rates and charges shall be payable as hereinafter
provided and shall be in an amount determinable as follows:
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(a)
Metered Water Users:
The sewage rates and charges shall be based on the quantity of water
used on or in the property or premises subject to such rates and
charges, as the same is measured by the water meter there in use,
subject to a minimum charge, except as herein otherwise provided. For
the purpose of billing and collecting the charges for sewage service,
the water meters shall be read monthly (or period equaling a month).
The water usage schedule on which the amount of said rates and charges
shall be determined is as follows:
(1) Inside the City limits of the City of Jeffersonville:
<i>
Metered Rates:
Average Quantity of
Water Used Per Month
First 1000 cubic feet
1001 to ll,000 cubic feet
Over 11,000 Cubic feet
(ii) Minimum Charge
Monthly Rate Per
100 Cubic Feet
User Debt
Charze Service Total
$ 1.41 $ .72 $ 2.13
1.41 .58 1.99
1.41 ~42 1.83
Rate Per Month
User Debt
CharKe. Service
Total.
Per month $ 2.40 $ 5.00 $ 7.40
(2) Outside the City limits of the City of Jeffersonville
(i)
Metered Rates:
Average Quantity of
Water Used Per Month
First 1000 cubic feet
1001 to 11,000 cubic feet
Over 11,000 cubic feet
(ii) Minimum Charge
Monthly Rate Per
100 Cubic Feet
User Debt
Charge Service Total
$ 1.41 $ 1.78 $ 3.19
1.41 1.58 2.99
1.41 1.49 2.90
Rate Per Month
User Debt
Charge Service Total
Per month $ 2.40 $ 8.69 $11.09
(b) Unmetered Water Users:
For single family residential users of the sewage works that are
unmetered water users or accurate meter readings are not available,
the monthly charge shall be determined as an average of single family
dwelling units, except as herein provided. Sewage service bills shall
be rendered once each month (or period equaling a month). The rate
shall be as follows:
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(1)
Inside the City limits of the City
of jeffersonville:
User Debt
CharKe' Servic~
Total
(2)
Per month $10.30 $ 5.26 $15.56
Outside the City limits of the City of Jeffersonvilte:
User Debt
Charge, Servic~ Total
Per month $10.30 $12.99 $23.29
(c) For the service rendered to the City of Jeffersonville, said City
shall be subject to the same rates and charges hereinabove provided,
or to charges and rates established in harmony therewith.
(d) In order to recover the cost of monitoring industrial wastes the City
shall charge the user the actual cost of monitoring but not less than
$25 per sample. This charge will be reviewed and revised on the same
basis as all other rates and charges in this ordinance.
Section 4. The quantity of water discharged into the sanitary seyerage
system and obtained from sources other than the utility that serves the City
shall be determined by the City in such manner as the City shall reasonably
elect, and the sewage service shall be billed at the above appropriate rates;
except, as is hereinafter provided in this section. The City 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 City
that such quantities do not enter the sanitary sewerage system.
(a) In the event a lot, parcel of real estate or building discharges
sanitary sewage, industrial wastes, water or other liquids into the
City's sanitary sewerage system, either directly or indirectly, is not
a user of water supplied by the water utility serving the City 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 City, then the amount
of water used shall be otherwise measured or determined by the City.
In order to ascertain the rate or charge provided in this ordinance,
the owner or other interested party, at his expense, may install and
maintain meters, weirs, volumetric measuring devices or any adequate
and approved method of measurement acceptable to the City for
determining of sewage discharge.
(b) In the event a lot, parcel of real estate or building discharging
sanitary sewage, industrial wastes, water or other liquids in the
City's sanitary sewerage system, either directly or indirectly, is a
user of water supplied by the water utility serving the City, 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 City,
then the amount of water used shall be otherwise measured or
determined by the City. In order to ascertain the rates or charges,
the owner or other interested parties, at his expense, may install and
maintain meters, weirs, volumetric measuring devices or any adequate
and approved method of measurement acceptable to the City for the
determination of sewage discharge.
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(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 City's sanitary sewerage 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, a single
bill shall be issued.
(d) In the event a lot, parcel of real estaZe or building discharges
sanitary sewage, industrial waste, water or other liquids into the
City's sanitary sewerage system either directly or indirectly, and
uses water in excess of five thousand (5,000) cubic feet per month,
and it can be shown to the satisfaction of the Cigy that a portion of
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 shall, at his expense, install and maintain meters, weirs,
volumetric measuring devices or any adequate and approved method of
measurement acceptable to the City for the determination of sewage
discharge.
(e) Where a metered water supply is used for fire protection as well as
other uses, the City may, in its discretion, make adjustments in the
minimum charge and in the use charge as may be equizable.
Section 5. In order that the rates and charges may reflect the costs of
providing service rendered to users, ~he City shall base its charges not only on
the volume, but also the ssrength and character of the stronger-than-normal
domestic sewage and wastes which it is required to trea~ and dispose of. The
City shall require the user to de~ermine the strength and content of all sewage
and wastes discharged, either directly or indirectly into the sanitary sewage
system, in such manner and by such method as the City may deem practicable in
order to determine the proper charge. The user shall furnish a central sampling
point available to the City at all times.
(a) Normal domestic waste strength sewage should not exceed a biochemical
oxygen demand of 300 milligrams per liter of fluid, suspended solids
in excess of 300 milligrams per li~er of fluid or ammonia nitrogen in
excess of 15 milligrams per liter of fluid. Additional charges for
treating stronger-than-normal domestic waste shall be made on the
following basis:
(1) Rate SurcharKe Based Upon Suspended Solids
There shall be an additional charge of 11 cents
suspended solids for suspended solids
milligrams per liter of fluid.
per pound of
received in excess of 300
(2) Rate Surcharge Based Upon BOD
There shall be an additional charge of 11 cents per pound of
biochemical oxygen demand for BOD received in excess of 300
milligrams per liter of fluid.
(3)
Rate Surcharge Based Upon NH3~
There shall be an additional charge of 84 cents per pound of
ammonia for NH3N received in excess of 15 milligrams per liter of
fluid.
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collected
(a)
(b) To determine the strength of the sewage and wastes, samplings and
analyses shall be made from time to time whenever it is deemed
desirable by the City. After charges have been established based upon
the strength of sewage and wastes, the owner may request
reconsideration for these charges by the City by submitting analyses
of composite samples of the sewage and wastes subject to such
charges, certified by a registered engineer or a qualified graduate
chemist. The City may then adjust the charges to the Ordinance rates
required by such analyses or may recheck the findings by additional
samplings and analyses.
The determination of Suspended Solids, Five-day Biochemical Oxygen
Demand and Ammonia Nitrogen contained in the waste shall be in
accordance with the latest copy of "Standard Methods for the
Examination 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
conformance with "Guidelines Establishing Test Procedures for Analysis
of Pollutants," Regulation CFR Part 136, published in the Federal
Register on October 16, 1973.
(c) When the normal testing of industrial wastes justifies more intensive
monitoring by the City of Jeffersonville above and beyond the normal
monitoring done by the City, the costs of the extraordinary
monitoring shall be paid by the industry. This charge will be
reviewed on the same basis as all other rages and charges in this
Ordinance.
Section 6. Such rages and charges shall be prepared, billed and
by the City in the manner provided by law and ordinance.
The rates and charges for all users shall be prepared and billed
monthly and at the end of each year each user shall be given notice,
in conjunction with a regular bill, of the rates charged for
operation, maintenance, and replacement for that user for the next
year.
(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
City 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 said records are kept and during the hours that
such office is open for business.
(c) As is provided by statute, 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 or charges shall thereupon attach thereto.
The time at which such rates or charges shall be paid is now fixed at
seventeen (17) days after the date of mailing of the bill.
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Section 7. In order that the rates and charges for sewage services may
remain in proportion to the cost of providing services to the various users or
user classes, the City shall cause a study to be made within a reasonable period
of time following the first 2 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 costs associated with the treatment of excessive strength
effluents from industrial users, volume and delivery flow rate characteristics
attributed to the various users or 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 waste treatment systems. The City shall adjust its rates
and charges to reflect the results of the study.
Thereafter, on a biennial basis, within a reasonable period of time following
the normal accounting period, the City shall cause a similar study to be made
for the purpose of reviewing the proportionality of the rates and charges for
sewage services on a continuing basis. Said studies shall be conducted by
officers or employees of the City, 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 City shall determine to be best under the
circumstances. The City 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 8. The City shall make and enforce such by-laws and regulations
as may be deemed necessary for the safe, economical and efficient management of
the City's sewerage system, pumping stations and sewage conveyance system, for
the construction and use of house sewers and connections to the sewerage system,
and for the regulation, collection, rebating and refunding of such rates and
charges.
The City is hereby authorized to prohibit dumping of wastes into the City's
sewage system which, in its discretion, are deemed harmful to the operation of
the sewage treatment works of the City or to require methods affecting
pretreatment of said wastes to comply with the pretreatment standards included
in the National Pollution Discharge Elimination System (NPDES) permit issued to
the City of Jeffersonville.
Section 9. 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 can be given effect without such invalid part or parts.
Section 10. That the rules and regulations promulgated by the City,
after approval of the Common council shall, among other things, provide for an
appeal procedure whereby a user shall have the right to appeal a decision of the
Administrator of the user charge to the Common Council and that any decision
concerning user charges of the Cemmon Council may be appealed to a court of
competent jurisdiction under the Appeal Procedures provided for in the Indiana
Administrative Adjudication Act.
Section ll. The City is hereby further authorized to enter into special
rate contracts with customers of the sewage works where clearly definable cost
to the sewage works can be determined, and such rate shall be limited to such
costs. Said contract shall be in compliance with Public Law 92-500 and 95-217.
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the sewage
' ''? Section 12. The City shall not grant free service or use of
treatment system to any person, group or entity. It is not necessary for an
area or parcel of real estate to be annexed to the City to receive sewage
treatment.
Section 13. The rates and charges as herein set forth shall become
effective on the first full billing period occurring after the adoption of this
ordinance.
Passed and adopted by the Common Council of the City of jeffersonville, Clark
County, Indiana, on the /~ day of ~ . ...., 1990.
President, Common
Attest '.
Clerk-Treasurer
Presented by me as
this '/~-~.day of
Clerk-Treasurer to the Mayor of said City of Jeffersonville
1990.
Clerk-Treasurer
This Ordinance approved and signed by me this /~ day of ~__,~T_- ,
1990.
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