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HomeMy WebLinkAbout1972-OR-37ORDINANCE NO. ?2 OR 37 An Ordinance providing for the establishment of rates and charges for the use of t~e sewerage system by persons discharging a waste wqich exceeds the average strength and character of sewage normally discharged by a residence, the methods of ascertaining such charges and fixin§ certain duties of the Board of Public WorKs and other officials of the City. NOW, THEREFORE, BE IT ORDAINED THE CITY OF CE:FEqSO~VILLE, INDIANA: Section 1. Definitions: The used or referred to in this ordinance, shall meanings except in those instances where the indicates otherwise: b) BY THE COMMON COUNCIL OF following terms, whenever have the following context clearly a) "BOD" (denoting biochemical oxygen demand) shall mean quantSty~of oxygen utilized in the oiochemical oxidation of organic matter under standard laboratory ~rocedure in five (5) days at 20 degrees centigrade expressed in milligrams per liter. "S.S." (denoting susoended solids) shall mean solids that either float on the surface of or are in suspension in water sewage or other lic. uids, and which are c) d) removable by laboratory ...... Board" shall mean the City of Jeffersonville. filtering. Board of Public Works of the "Engineer" shall mean the City Engineer or his authorized Deputy, agent or representative. "Industrial Waste" shall ~ean all the liquid wastes from industrial manufacturing processes, trades or businesses, including institutional a~d commercial operations or from the development or recovery of any natural wesourses and shall include the liquid waste contributed by reason of employment, but ~ot the proportion of waste at~ributab~ ~o residential facilities normally occupied by natural persons as a place of abode and not as Transient tenants or guests within.the above defined entities. "Sewage normally discharged Dy a residence" shall mean the liquid waste contributed by a residential living unit and shall not exceed a volume of 15,500 gallons per month, fDrtygfive (45) pounds of BOD per month and fifty-five (55) pounds of S.S. per month. "Persons" g) shall be defined as: Individuals of either sex; firm; joint ventures; partnerships; corporations; clubs; agencies; instrumentalities; governmental units; the United States of America, the State of Indiana, and all political subdivisions, au thorities, districts, departments, agencies, bureaus and :nstru- mentalities thereof; and any, all, and each of the, and all associations or organizations of natural persons, either incorporated or unincorporated, however operated or named, whether acting Dy themselves, servants, or fiduciary, and whether or not of a charitable or eleemosynary character. Section 2. Rates for Industrial Sewage: There is hereby established an industrial waste rate set forth in Section 2 of this Ordinance to be charged to and collected from any person owning or occupying real estate connected to the City of Jeffersonville sewerage system which at any time discharges industrial waste into said system which exceeds in strength and character sewage normally discharged Dy a residence. Section 3. Rate: The charges for the transoortation, treatment and disposal of the industrial waste shall be determined by the amount and the strength of the waste and at the rates as follows: Strengt~ Charge~ The following monthly charges are hereby imposed on the volume of excess S.S. and/or BOD Strength determined ty the appli- cation of the formula prescribed~below, viz: For the Calendar year 1973 $.0085 per lb. BOD $.0122 per lb. S.S. For and Formula for determining excess s~Vsx .00075 x 8.34 ($0.01275 S : Strength in dollars Vs : Sewage Volume ~n hundred cubic feet .00075 Hundred cubic feet to million gallons BOD ~ BOD strength index of parts per million by weight 250 ~ allowed BOD strength in parts per million by wei§ht S.S. : Suspended solids strength index in parts per million by weigqt 300 ~ Allowed S.S. Strength in parts per million by the calendar year 1974 thereafter $.01275 oer lb. BOD $.0183 per lb. S.S. BOD and S.S. strength. (BOD-250) + $0.0183 (S.S.-300) applica for that year. weight For year 1973 substituted Section 4. Charges: The computation of the total charges shall be by the tion of the strength rate fcrmula ~o the monthly industrial charges specified waste discharges to the Jeffersonville SaniTary Sewerage System. Section 5. Billing and Verification: Each such person subject to the rate as defined in Section 2 shall by the 10th day of the following month furnish the Engimeer: (1) an estimate of the volume discharged the prior month in any Cities Water industrial (2) am the waste. case where the volume of water ~urchased from the Indiana Comoany is either more or less than the ~olume of liquid waste discharged into such sanitary sewerage system; and estimate of the representative value of the s~rength of -3- BOb and Suspended Solids thus discharged whether or not such amounts are in excess of the permitted amounts under Section 3 above. All measurementS, tests and analyses of the characteristics of such waste shall be determined in accordance with the latest edition of "Standard Methods ~or the Examination of Water and Sewage" as published jointly Dy the American ~blic Health Association and the Water Pollution Control Federation or by other methods generally acce~ted under established sanitary engineering Dractiees and approved by the Engineer. The reportS submitted shall be subject to verification by the Engineer but may serve as the basis for billing with all necessary adjustments in the amountS to be made after verification. In the event an analysis and volume of the industrial waste is not fur~ished to the Engineer by the aforementioned time, the charges shall be based upon estimates made by the Engineer, as provided in Section 6. The Engineer shall have the right at any to enter upon the land of the person to set up is necessary to verify the ~eportS submitted. reasonable time such equipment as It shall be the duty of the person to provide all necessary clearance before entry and not to unreasonably delay or hinder the Engineer ~n carrying out the measuring and sampling. In cases wqere m~asurements are difficult to make, or the industrial waste composition changes frequently, or representa- tive samples are difficult to ~et or where other m~thods of measurement are necessitated for other sound engineering reasons as determined by the Engineer, the Engineer shall nave the authority such other indicative industrial or usage, data and basis for determining said char~es as shall of volume and BOb and S.S. strength of the waste, such as, but no~ limited to, water p~chase character of productS, comparisons between the subject collected data from like persons. tO USe be reliably particular All billings for thirty (30) days after by a person based upon unless verification is necessary adjustments said charges shall be payable within mailing of billings. All payments made the reports submitted shall become final made and notice given by the Engineer of withing one year of said payment. Under- the ascertaining water ~olume imposed by this Ordinance and estimates Overpayment to based on errors payment of charges in users' reports shall be billed forthwith on ascertainment thereof. of charges arising from any cause shall first be applied unpaid billings and then the excess forthwith refunded. Section 6. Billing Estimates: The Engineer shall have the authority to estimate the volume and strength of the industrial waste in the event the person subject to the rate and charges failesto file a timely report as provided in Section 5. The estimates s~all be based upon analyses and volumes of a similar installation or the amount of water supplied to the premises by the water utility, the amount of water supplied to the premises by any private sources of water or the volume and anlysis as determined by measurementS and sample taken by the Engineer or an estimate determined by the Engineer by any combination of the foregoing or by any other equitable method. Failure to file written objection to such estimates with twenty (20) days after the mailing of written notice thereof to the person~liable therefore shall con- stitu:e a waiver of any right to object or appeal the estimates made by the Engineer prusuant to this section. Section 7. Contracts with Indiana Cities WaTer Company: The Board is autbcwized to enter into a contract with Indiana Cities Water Company for the use of its services in to be utilized in determining charges and for the payment to it such compensation as may be required. -5- Section 8. Aopeals to the Board: Any person may appeal the charges assessed against him to the ~oard and shall have a hearing upon the following conditions: 1. That the person submits estimates or authorizes the Engineer to make such estimates. 2. That the person has good cause to believe that the charges assessed are in error. 3. That notice in writing has been given to the Board within,y:one hundred and eighty (180) days of receipt of the charges in question. The Board is directed to notify appeal of the time and place when his evidence sufficient to the the charges are in error, the charges. Adjustments credit against subsequen~ assessments for in this ordinance. Section 9. Rate Review: The Engineer snall report the person making the appeal will be heard. Board submitted at the hearing that the Beara shall make adjustments in may be in the form of a refund or a of the charges provided Upo~ from time to time and when requested by the Board of Works concerning the effective of the industrial waste rates and charges on the persons subject thereto. Such report shall include The amount, character and strength of the industrial waste discharged into the sewerage system, and such other information as is pertinent and of assistance to the total situation. The rates charged under this ordinance shall be under constant review by the Beard of Public Works and if at any time it finds such rates should be adjusted either by increasing or decreasing same, the necessary ordinances shall be submitted to the council for its action forthwith. t Section 10.. Publication of this ordinance shall be made as provided by all applicable Statute.s of the State of Indiana; and the Board of Public Works is hereby authorized and directed to give such nctices and hold such public hearings as by the Statutes and Laws of the State of Indiana may be required. Section 11. This ordinance shall oe in full force and e-fec~ from and after its ~assage, approval by the Mayor, and publication pursuant to law, on and after January l, 1972. ATTEST'(~.~,_w~,~- _~w--w~bh~ CLERK-TREASURER Presented by me as Clerk-Treasurer to the Mayor of said Ci%y signed by me this ~ay 6f - - Approved and ~ ' · '~' MAYOR