Ordinance 2010-06

An Ordinance Updating a Sewer Service (rate) Charge for Users of the Sanitary Sewer System of the Village of Killbuck.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Killbuck, State of Ohio:

Section 1. This Council finds that it is necessary to increase and update the rates charged users of the sanitary sewer system of the Village of Killbuck and also establish a formula to increase the Commercial and Public Authority Customers user rates.

Download a PDF copy of the ordinance.

Section 2. Definitions:
A. Single Family Equivalent (S. F. E.) - A Single Family is a number of connections to the system, in the following categories or classifications, multiplied by the stated factors and 766 gallons per day (gpd), totaled and divided by 766 gpd which included extraneous flows: Single family, multiple family, and all other connections that are residential in nature except such commercial establishments as hotels, motels, or mobile home park primarily used for intransit parking. The charge to customers in this user class shall be based on the following factors:
1.  Single Family Residence                                           1.0 factor
2.  Multiple Family Residences and Apartments            1.0 factor
3.  Mobile Homes and House Trailers                            1.0 factor
B.  Commercial and Public Authority Customers - Commercial and Public Authority Customers are those who discharge waste primarily from sanitary convenience. This class includes all customers who generally provide a service or a product for public use. It does not include manufacturing establishments which require process water and discharge manufacturing wastes to the sewer system. The charge to customers in this user class shall be based on the following factors:
1.  Churches                                                                1.00 factor
2.  Stores, Restaurants and Bars                                 1.14 each urinal & water
closet
0.50 each sink
0.32 each slop sink
Garages and Gasoline Stations            1.14 each urinal & water             Drive in Restaurants                    closet
0.50 each sink
0.32 each slop sink
Professional & Business Offices, Banks,         1.14 each urinal and water
Barber Shops and Beauty Parlors                closet
0.50 each sink
0.32 each slop sink
Bowling Alleys, Theaters, Lodges, and Clubs,     1.00 each urinal& water
Roller rinks and City Halls                closet        
0.32 each sink
3.  Hotels and Motels                    0.32 each bedroom
4.  Rooming Houses                     1.14 each bedroom exceeding                                     four in no.
5.  Hospitals, Nursing, or Rest and             0.60 per bed    
Convalescence Homes                 
6.  Athletic Stadiums, Field Houses, Parks and    0.60 per toilet or urinal
Recreational Camps                0.24 per kitchen sink        
0.16 per slop sink            7.  Laundromat                    0.30 per machine
8.  Car Wash
(a) Each Single Stall Manual            1.20 factor
(b) Each Single Stall Automatic        5.30 factor
(c) Each Drive Through Automatic              18.80 factor
9.  Schools                        0.06 per pupil & each
regular employee
C.  Industrial Customers - Industrial Customers shall include all customers who contribute wastes other than or in combination with wastes from sanitary     conveniences. This class of user is further defined in the Standard Industrial Classification Manual, 1972 Office of Management and Budget, as amended and supplemented, under Division D - Manufacturing. The charge to this class of user shall be based upon the volume of flow and quantity of pollutants as determined by metering and/or other measuring devices that may be required by SECTION 2C, Items 1, 2 and 3 as hereinafter provided.
1.    Industrial establishments and warehouses         0.20 S. F. E. per each
without process water or manufacturing waste regularly employed on
discharges and discharge only unmetered the premises sanitary wastes.
2.    That when a premise is supplied either in whole or in part with water from wells or any source other than a public water supply, such wells or sources of supply shall by registered in writing to and on a form furnished by the Village. The owner of the premise shall install and maintain at his expense, a meter or meters acceptable to the Village on all such supplies, and the quantity of water to determine the sewerage service charge shall be the quantity as measured by the meter or meters.
3.    That when a person, firm or corporation can show to the satisfaction of the Board of Public Affairs or Successor Body that a portion of the water as measured by the water meter (s) does not enter the sewerage system, said person, firm or corporation may submit an application on a form provided by the Village for installation of an auxiliary water meter. The Board of Public Affairs or Successor Body has the authority to permit or to require additional meter (s) to be installed at the applicant’s expense.
D.  Sewage strength for residential users is defined as follows:
Normal Domestic Sewage - BOD = 250 mg/1
SS     = 250 mg/1
1.    BOD is equal to the Biochemical Oxygen Demand at 5 days at 20 degrees C. and is a measure of sewage strength based on the amount of oxygen used up by the microorganism present in the sewage.
2.    SS means Suspended Solids: Removable solids suspended in the wastewater.
E.  Operation and Maintenance (O & M) is defined as the operation and maintenance of treatment facilities, collection system, sludge disposal and laboratory analyses.
F.  Replacement Costs (R) - Replacement costs is the replacement costs of equipment which will not last the 20 year design life.
G.  Debt Services - Debt service is the interest and capital costs for local share costs.
H.  User Charges - User charges are costs allocated to users based on operation, maintenance and replacement for plant and collection system, administrative costs, billing costs, delinquent accounts and extraneous flows.
I.  Infiltration and/or Inflow (I/I) - Infiltration and/or Inflow into the collection system from sources other than the users - also known as extraneous flows.
J.  Industrial User - Industrial User is defined as waste generated from manufacturing facilities which include greater concentrations of BOD, SS and higher flows than residential users.
K.  Commercial Users - A Commercial User is any establishment involved in trade activities or service which discharges domestic wastes and/or  wastes from sanitary facilities.
L.  Institutional Classes - Institutional Classes are defined as those institutions such as Churches, Village Halls and Schools.
Sewer Rate - Sewer Rate is a charge that includes a charge for operation, maintenance and replacement costs, debt service, administrative costs, billing costs, delinquent accounts and extraneous flows.

Section 3. The sewer service (rate) charges for users of the sanitary sewer system located within the Village of Killbuck shall be at the minimum monthly rate of forty-one dollars ($41.00) for each  single family equivalent (S.F.E,). Sewer rate charges for any user who lives outside of the village limits shall be seventy-one dollars ($71.00) per month.  The monthly minimum use fee for all users of the sanitary sewer system shall be ten dollars ($10.00) per month.   The rates shall be computed pursuant to this ordinance and terms and conditions set forth in the User Charge System for Operation, Maintenance and Replacement of equipment of the wastewater treatment facilities dated October 1982. (See exhibit a, entitled “Design Flows Used To Determine Equivalent Dwelling Units.”)

Section 4. The rates as fixed by this ordinance shall be effective and collected beginning August 1st, 2008. Sewer charges not paid by the twentieth (20th) of each month shall incur an additional five dollar ($5.00) late fee per month for residential users and an additional ten dollars ($10.00) late fee per month for commercial users.  Sewer charges that have not been paid as a result of insufficient funds (i.e. returned check) shall be treated as forty-five (45) days past due and will result in a shut-off of the service without notice.

Section 5. If bills remain not paid within forty-five (45) days of the billing date, the water will be shut off and/or the sewer line may be plugged without further notice and a reconnection fee of fifty ($50.00) dollars will be added to the bill.  Prior to reconnection of the water/sewer service, the account must either be paid in full or an approved payment plan must be established between the account holder and the Board of Trustees for Public Affairs.  The payment plan shall require a monthly payment of at least 1½ times the regular monthly charge.  Partial payments will not be accepted by the village and shall result in the disconnection of service.  Any person or persons have the right to have a hearing with the Board of Public Affairs regarding their delinquent water/sewer bills, upon request and reasonable notice to the Board of Public Affairs.

Section 6. Sewer charges are the responsibility of the owner and properly documented lessees of such property.  Property owners and the documented lessees are jointly and severely liable for unpaid sewer bills.  Partial payments are unacceptable for keeping the sewer from being capped.  All users must pay their account in full each month or agree to a payment plan with the Village Fiscal Officer or the Board of Trustees for Public Affairs.  Partial payments will not be accepted by the village and shall result in the disconnection of service. Sanitary sewer users who have an outstanding account balance may have their service limited by the Village of Killbuck through the capping or plugging of the sewer line.  The Village reserves the right to contact local health authorities regarding potential health code issues/violations on that property.

Section 7. The Village of Killbuck and the Board of Trustees for Public Affairs to recover unpaid sewer fees by certification on the tax records and/ or any other means available to them through the legal system.  Unpaid sewer fees will be certified and reported to the auditor within 30 days following the suspension of sewer service by village officials.  In addition, any account that has been inactive for 30 days and has an outstanding balance due at that time may be certified and reported to the auditor for tax purposes If the unpaid sewer charges are certified to the auditor, those charges will become a lien on the property.

Section 8. Whenever the user orders a disconnection of water service there shall be a minimum sewer service charge of $10 per month as long as the water is disconnected.

Section 9. Anyone seeking a tap for sewer service will be charged an amount equal to the costs of time and materials for the sewer tap and installation (with a minimum charge of one thousand ($1,000.00) dollars.

Section 10: Any duly authorized employee or agent of the Village of Killbuck bearing proper credentials and identification shall be permitted at all reasonable times to enter upon all properties within the corporate limits of the village or outside the village that has contracted for water and wastewater treatment service, for the purpose of inspecting, observing, measuring, sampling, and testing as may be required in pursuance of the implementation and enforcement of the terms and provisions of this section.  In the event of an emergency as determined by the Village, any entry onto a property shall be deemed to be reasonable.
While performing the necessary work on private properties as referred to in this section, the duly authorized employees of the Village of Killbuck shall observe all safety rules applicable to the premises established by the commercial or industrial user.  The user shall endeavor to make the Village of Killbuck employee aware of all such rules.

Section 11 Annual Review, Report and Notification of User Charge System.
A.  The User Charge System shall allow each user to pay its proportionate share of the operation, maintenance and equipment replacement costs for the sewer project.
B.  The Village Engineer shall conduct a User Charge System review and prepare a written report for Council by June 1st of each year. The Village Clerk shall keep     these reports on file for Village use.
C.  The village engineer shall conduct
D.  The Clerk of the Water Board or his successor shall mail an annual notification to each user in conjunction with a regular bill of the rate and that portion of the sewer service charge which is attributable to the operation, maintenance and replacement costs of the Wastewater Treatment Service. The Village Engineer shall prepare this annual notification for presentation to Council prior to its mailing.

Section 12. Industrial Waste
A special contract shall be made between the Village and any industrial user for sewage treatment hose waste is of a strength or character differing from defined normal domestic sewage and the treatment of such waste shall be subject to payment in proportion to the cost incurred for such treatment.
The Village shall have the right to charge an additional fee for costs incurred due to the handling or treating of unusual discharges or extra-strength waste. Monthly charges shall be computed pursuant to the formula set forth for Industrial Users, contained in the User Charge System for Operation, Maintenance and Replacement of equipment of the wastewater treatment facilities dated (see exhibit A).

Section 13. Metered customers shall annually have the option of using their meter readings as the basis of their monthly charges for the following year and once this option is exercised metered users may not have their billing basis changed until the next year. Rates shall be determined by the formulas established by the User Charge System of the Village System of  Killbuck. If metered customers desired to exercise this option they must notify the Village Board of Public Affairs in writing within thirty (30) days of passage of this rate ordinance, or the anniversary of its passage each following year thereafter.

Section 14. The Superintendent of Sewers and the Clerk of the Board of Trustees of Public Affairs or their successors are authorized and directed to collect all sewer revenues and enforce the provisions of this ordinance and the provisions of the User charge System for Operation, Maintenance and Replacement of equipment of theWastewater Treatment Facilities set forth in Exhibit A attached hereto, to keep an accurate record thereof, and to report all monies so received.

Section 15. Grievances and Appeal. Grievances and appeals shall be submitted to the Village Clerk, to be reviewed by the Superintendent of Utilities, the Board of Public Affairs and the Village Solicitor. If the issue can not be settled, it shall be referred to an acceptable third party for arbitration.

Section 16. Partial Invalidity not to effect the remainder. In the event any portion of this ordinance should be declared invalid, the validity of the other portions hereof shall not be affected but shall remain in full force and effect.

Section 17. This ordinance shall take effect and be in full force from and after the earliest period allowed by law.