[Added 1-2-1996; amended 6-3-1997; 11-18-1997; 7-6-1999]
[1]
Editor's Note: The title of this article was amended 9-21-2010
by Ord. No. 2010-05.
The authority for this article is 30-A M.R.S.A.
§ 5405(1) which authorizes the Town Council to "fix the
schedule of rates, fees and other charges for the use of, and for
the services furnished...by any revenue-producing facility," including
any sewage disposal system.
As used in this article, the following terms
shall have the meanings indicated:
The amount contained in the capital improvement budget for
the municipal sewer system for a given fiscal year.[1]
That area commonly known as the "dining room," being the
gross area used for the consumption of food within a restaurant, including
aisles and walkways used by the diners and wait staff for circulation
to, from and around dining tables and chairs but excluding food preparation
areas, kitchens, dishwashing areas, wait staff stations, storage rooms,
staff break rooms, retail space, cloakrooms, rest rooms, offices and
checkout counters.
The financial year of the Town of Bar Harbor as determined
by its Charter.
That area commonly known as the "mouse room" at the Jackson
Laboratory, being the gross area used for the production of laboratory
mice, excluding changing rooms, washrooms, ventilation rooms, entry
areas and the like.
All facilities owned by the Town of Bar Harbor for collecting,
pumping, treating, composting and disposing of sewage, including but
not limited to pump stations, collection systems, treatment plants
and related clerical and administrative services.
Property not meeting the definition of “residential”
as provided below.
[Amended 10-21-2008 by Ord. No. 2008-04]
The budget adopted by the Town Council for the operation
of the municipal sewer system during a given fiscal year, but not
including the servicing of debt, depreciation or the capital improvement
budget.[2]
[Amended 6-18-2013 by Ord. No. 2013-01]
Property that is used primarily as a single-family home or
dwelling and is so classified in the Town of Bar Harbor assessing
records
[Amended 10-21-2008 by Ord. No. 2008-04; 12-18-2012 by Ord. No. 2012-08]
The rate to be charged to users of the municipal sewer system.
The calculated rate shall be the total revenues to be raised by sewer
rates divided by the estimated annual budgeted consumption.
[Amended 8-4-2015 by Ord.
No. 2015-03]
The Wastewater Treatment Superintendent, his/her designee
or, in their absence, the Director of Public Works.
The amount of input into the municipal sewer system as measured
or estimated by the cubic foot.
The owner of a property that is connected to the municipal
sewer system.
[1]
Editor’s Note: The former definitions of "capital rate"
and "debt repayment," which immediately followed this definition,
were repealed 8-4-2015 by Ord. No. 2015-03 and 6-18-2013 by Ord. No.
2013-01, respectively.
[2]
Editor’s Note: The former definitions of "operations
rate" and "quarter," which immediately followed this definition, were
repealed 8-4-2015 by Ord. No. 2015-03.
A.
Town Council action. The Town Council shall establish sewer rates by ordinance as required by Charter § C-30-A.
[Amended 9-21-2010 by Ord. No. 2010-05]
B.
[1]Billing.
(1)
Classification. All users shall be classified as either
residential or nonresidential for purposes of minimum billing and
application of summer residential discount.
(2)
Determination of usage.
[Amended 4-4-2000; 10-21-2008 by Ord. No. 2008-04]
(a)
Metered properties. The amount of usage in a
given quarter by a user whose property is serviced by the Bar Harbor
Water Division shall be the cubic feet of water used at that property
for that quarter as determined by water meter readings performed by
the Bar Harbor Water Division or the Town of Bar Harbor.
(b)
Unmetered properties. The amount of usage in
a given quarter by a user whose property is not serviced by the Bar
Harbor Water Division shall be deemed to be 1,300 cubic feet per quarter.
[Amended 8-4-2015 by Ord.
No. 2015-03]
(c)
Reduction of usage.
[1]
Unmetered residential users. Any residential
user whose property is not serviced by the Bar Harbor Water Division
who, in advance of any quarter, certifies in writing to the Town Treasurer,
on a form prepared and made available by the Town Treasurer, that
there will be no usage by that user's property for 52 or more days
in that quarter shall be deemed to have a usage of 600 cubic feet
for that quarter.
[Amended 8-4-2015 by Ord.
No. 2015-03]
[2]
Summer residential discount. Certain residential
users, as described below, whose property is serviced by the Bar Harbor
Water Division shall be eligible for a summer discount in recognition
of the fact that during the summer much water passes through a water
meter that does not then enter the municipal sewer system. To receive
this discount, such user must apply in writing, before September 30
immediately following the quarter for which the discount is sought,
to the Finance Department on a form prepared and made available by
the Finance Department. The summer residential discount will be applied
by billing the user for the summer quarter based on his or her average
usage for the immediately preceding winter and spring quarters or
two quarters that can, at the discretion of the Finance Department,
more reasonably estimate the basic usage of the residence rather than
based on usage as indicated by a meter reading for the summer quarter.
The discount shall not be available to:
[3]
Other reductions. Upon the receipt of sufficient
evidence indicating that a user's total water consumption as indicated
by a meter reading has not all entered into the municipal sewer system,
the Town Treasurer may adjust a user's usage to reflect more accurately
actual usage.
(3)
Calculation and payment of bill.
[Amended 8-4-2015 by Ord.
No. 2015-03]
(a)
Generally. Each user shall be billed quarterly. Bills shall be due
and payable within 30 days after the date of the bill. Interest in
the maximum amount allowed by state law will be charged on the unpaid
balances of any bills not paid in full within 30 days after the date
of the bill.
(b)
Minimum bill. Notwithstanding actual usage or any discounts or reductions
in usage, residential users shall be billed based on a minimum usage
of 600 cubic feet per quarter and nonresidential users shall be billed
based on a minimum usage of 1,700 cubic feet per quarter.
[1]
Editor’s Note: Former Subsection B, regarding the operations
rate, as amended, and former Subsection C, regarding the capital rate,
as amended, were repealed 8-4-2015 by Ord. No. 2015-03. This ordinance
also provided for the redesignation of former Subsection D as Subsection
B.
[Added 9-21-2010 by Ord. No. 2010-05; amended 11-1-2011 by Ord. No.
2011-05; 12-18-2012 by Ord. No. 2012-08; 6-18-2013 by Ord. No.
2013-01; 10-20-2014 by Ord. No. 2014-06; 8-4-2015 by Ord. No. 2015-03; 7-19-2016 by Ord. No. 2016-02; 8-15-2017 by Ord. No.
2017-03; 8-7-2018 by Ord. No. 2018-03; 8-6-2019 by Ord. No. 2019-10; 10-20-2020 by Ord. No. 2020-14; 10-19-2021 by Ord. No. 2021-08; 11-21-2023 by Ord. No. 2023-08]
A.
Budget adopted. The fiscal year 2024 Sewer Budget, dated October
11, 2023, is hereby adopted as published and summarized below.
(4)
Rates.
(a)
Rate of $11.07 per 100 cubic feet of water used.
(c)
Septic tank pumpage: $15.62 per 100 gallons.
(d)
Sludge disposal: $9.36 per 100 gallons.
(e)
Connection fee rate (per inch): $130 per inch diameter of the
service connection.
(f)
Connection fee rate (per gallon): $14.35 per gallon of sewage
per day.
(g)
Late payment penalty: 8.0% per annum.
