All users, abutters, and owners, each with developed property which can be directly served, as defined in the definition of "sewer service area" in § 300-57, shall pay regular charges for service as enumerated in §§ 300-67 through 300-70, in addition to charges and assessments for construction of the sewers, connection to the public sewer and for permits, as provided for elsewhere in this Part 2. Within this article, the term "user" shall apply to all who are subject to the user charges, as defined in § 300-67.
A.
General requirements.
(1)
Sewer use fees. Sewer use fees shall consist of a rate per 100 cubic feet of normal-strength wastewater used, a surcharge for wastewater of a higher concentration than is allowed under the rate for normal-strength wastewater and a service charge. The charges which follow in Subsection B of this section apply to all classes of users, including residential, commercial, institutional, industrial, governmental, charitable and nonprofit uses.
(2)
Metering for billing purposes. Where metering devices are not installed
by the owner for the purpose of measuring the actual quantity of wastewater
discharged, the water use measured by a meter approved by the City
shall be used for billing purposes. Wastewater volume, determined
from City water consumption, shall be established from the usage determined
by the City's Water Department.
(3)
Water consumption served by wells. Water consumption of each user
which is served by a well shall be deemed to be equal to the average
water consumption of comparable City dwelling units as determined
by the Director, subject to the appeal process set forth below.
(4)
Requirements for users with wells. The Director may require a user
served by a well to submit a sworn statement of water consumption
for the year. Such statement is to be supported by available records
or other evidence of water consumption. As a condition of using the
sewer facilities, the Director may require any nonresidential user
served by a well to install and maintain at the sole expense of such
user a metering or measuring device to determine wastewater strength
or usage.
B.
Charges.
(1)
Rates. The schedule of rates given in Table 300-67[1] shall apply to all users who discharge wastewater. The minimum annual rates indicated in the table shall be the flat-rate charges for normal-strength wastewater. The applicable surcharges set forth in Subsection B(2) of this subsection shall be added thereto.
[1]
Editor's Note: Table 300-67 is included at the end of this chapter.
(2)
Surcharges. Surcharges as set forth in Table 300-67[2] will be assessed against all users who discharge a larger
volume of wastewater and/or wastewater of a higher concentration than
is allowed under the rate charged for normal-strength wastewater.
Surcharges shall be over and above and in addition to the rate charged
for normal-strength wastewater.
[2]
Editor's Note: Table 300-67 is included at the end of this chapter.
(3)
Special allowance for non-wastewater-producing water usage.
(a)
An allowance will be made for any user consuming metered water
which is not discharged into the wastewater collection system, provided
that a separate (City-approved) sealed meter is provided by the user
to measure this water.
(b)
No allowance shall be made if the City seals on meters have
been broken.
(4)
Metering and billing. Metering and billing shall be as follows:
(5)
Procedures and conditions for abatements, reclassification and special
allowances; appeals.
(a)
All requests for reclassifications, special allowances and abatements
shall be made in writing to the Director or his nominee on an approved
form obtained from the office of the Director within 45 days of the
date of the billing.
(b)
Upon receipt of a request for abatement, reclassification or special allowance, the Director or his nominee shall determine whether such abatement, reclassification or special allowance shall be granted in accordance with the criteria listed in Subsection B(5)(f) of this subsection. The Director or his nominee shall notify the applicant in writing whether the requested abatement, reclassification or special allowance has been granted or denied and the reasons therefor. The burden of proving eligibility for an abatement, reclassification or special allowance shall be upon the applicant.
(c)
There shall be established a Sewer Use Review Board which shall
hear appeals to the decision of the Director or his nominee. The Board
shall be composed of three residents of the City to be appointed by
the Mayor of the City; one member of the Board shall be appointed
from those residential users designated as single-family residences
and two-family residences and one member shall be appointed from those
users designated as three-family residences, four-family residences,
multifamily residences and trailer parks; the remaining Board member
shall be chosen from industrial, commercial and institutional users
of the sewer system. Each member of the Board shall serve a term of
two years, with the exception that the first appointment of a member
of the Board from the nonresidential users of the sewer system shall
be for one year. The members of the Board shall serve without stipend.
(d)
Any user who has filed for an abatement, reclassification or
special allowance and who is aggrieved by the decision of the Director
or his nominee may appeal the decision of the Director or his nominee
to the Sewer Use Review Board. Any appeal to the Sewer Use Review
Board shall be filed within 21 days of the date of the decision of
the Director or his nominee unless the Sewer Use Review Board, for
good cause shown, allows otherwise.
(e)
An abatement reclassification or special allowance shall be
granted if the applicant shows that failure to do so would result
in a charge which is not equitable, reasonable and proportional. The
criteria which shall be used to determine if a charge is not equitable,
reasonable and proportional are: the volume of water, including surface
or drain water discharged into the system; the character of the sewage
or industrial or other wastes discharged into the system and the nature
of the use made of the sewage system, including any use of the sewage
facilities.
(f)
The decisions of the Sewer Use Review Board shall be rendered
in written form within 30 days of receipt of application and shall
state the reasons for the action taken. The decision of the Sewer
Use Review Board shall be binding upon the Director.
(g)
All bills shall be paid pending decision by the Director and
the Sewer Use Review Board.
Credit will be given for prior payment of sewer entrance fees
under the Order for Sewer Entrance Fees dated June 21, 1943, upon
submittal to the Director of Public Works of a completed application
for such credit on a form provided by or approved by the Director
of Public Works stating the amount of the sewer entrance fee, date
paid, and accompanied by suitable proof of payment. Application must
be made prior to July 1, 1975. Full credit for the amount of prior
payment of the user charges (until the amount of prior payment is
expended) may be granted in accordance with the following schedule:
|
Number of Years Lapsed Since Building Sewer Became Operational
|
Percentage of Sewer Entrance Fee Which is to be Applied
Toward User Charges
|
|---|---|
|
Less than 1
|
100%
|
|
1 to 2
|
80%
|
|
2 to 3
|
60%
|
|
3 to 4
|
40%
|
|
4 to 5
|
20%
|
|
Longer than 5
|
None
|
