[Code 1975, § 19-1.1; Ord. of 8-6-1991, § 1]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person requesting approval to discharge wastewaters into
municipal facilities.
The quantity of dissolved oxygen, expressed in milligrams
per liter by weight, used in the biochemical oxidation of wastewater
in five days at 20° C. (68° F.) under standard laboratory
procedures.
The extension from a building plumbing connection, from a
point five feet from the face of the building to the public sewer,
private sewer or other place of disposal.
The national pretreatment standards specifying quantities
or concentrations of pollutant properties which may be discharged
or introduced into municipally owned wastewater facilities by specific
industrial dischargers.
The amount of chlorine, expressed in milligrams per liter,
required to be added to water, wastewater, or other liquid to achieve
a combined chlorine residual after 15 minutes, as specified in the
City's NPDES permit.
A sewer receiving both wastewater and surface runoff from
storms.
The Director of Public Works of the City. As a general matter,
the Director shall act after being advised by the pretreatment manager.
A liquid waste discharged from the sanitary conveniences,
such as toilets, washrooms, urinals, sinks, showers, drinking fountains,
home laundries, and from kitchens, cafeterias and floor drains of
dwellings, offices, business buildings, schools, recreational facilities,
etc., essentially free of industrial wastes or toxic materials. Such
wastewater may or may not contain groundwater or surface runoff.
Storm drain, as defined in this section.
The Director of the Department of Public Works.
Amounts or concentrations of a constituent of wastewater
which, in the judgment of the Director:
Will cause damage to any facility;
Will be harmful to a wastewater treatment process;
Cannot be removed in the treatment works to the degree required
in the limiting stream classification standards of the Saco River;
Can otherwise endanger life or property; or
Can constitute a nuisance.
Includes structures, conduits, pumping stations, treatment
and disposal works, and other appurtenances for the purpose of collecting,
treating and disposing of domestic and/or industrial wastewater.
The wastes resulting from the handling, preparation, cooking
and serving of food. It is composed largely of putrescible organic
matter and its natural moisture content.
The liquid waste from industrial manufacturing processes,
laboratories, trades or businesses in which chemical or biological
wastes predominate over domestic wastes; such term includes, but is
not limited to, the liquid waste from hospitals, commercial laundries,
car washes, etc.
An establishment with facilities for manufacturing, testing,
research, altering or repairing of goods for sale or other purposes.
The inhibition or disruption of the City sewer system, treatment
process or operation which causes or contributes to a violation of
any requirement of the NPDES permit or which prevents sludge use or
disposal in compliance with the following statutory provisions and
regulations or permits issued thereunder (or more stringent state
or local regulations):
Section 405 of the Clean Water Act.
The Solid Waste Disposal Act (including Title D, more commonly
referred to as the "Resource Conservation and Recovery Act," and including
state regulations contained in any state sludge management plan prepared
pursuant to Subtitle D of the Solid Waste Disposal Act).
The Clean Air Act.
The Toxic Substances Control Act.
The Marine Protection Research and Sanctions Act.
Any contractor licensed by the City Council to install building
sewers and/or private sewers in the City.
Specific discharge limits developed and enforced by the City
of Biddeford, Maine, upon industrial or commercial facilities to implement
the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1)
and (b) and Maine Rules 06-096 Chapter 528.
[Added 10-5-2010 by Ord. No. 2010.100]
Any outlet into a watercourse, ditch, pond, lake or other
body of surface water or groundwater.
The National Pollutant Discharge Elimination System permit
program of the U.S. Environmental Protection Agency.
The discharge of pollutants in quantities or concentrations
which are a cause of or significantly contribute to a violation of
any requirement or condition of the user's permit, the City's ordinances,
codes, regulations or national pollutant discharge elimination system
permit, state or federal law.
Any individual, firm, company, association, society, corporation,
group, trust, municipality or governmental authority.
The negative logarithm (Base 10) of hydrogen ion activity
in gram moles per liter of solution.
Any pipe or conduit conveying wastewater from a low elevation
to a higher elevation, and shall include force mains from lift stations,
as well as inverted syphons.
The application of physical, chemical, and/or biological
processes to reduce the amount of pollutant in, or alter the nature
of, the pollutant properties in wastewater prior to discharging such
wastewater into the publicly owned sewer system.
The individual whose job responsibilities include implementation
of any industrial pretreatment program required by state or federal
law. Any reference in this article to "environmental specialist" shall
mean the pretreatment manager.
Any sewer located on private property or private ways that
collects wastewater from two or more building sewers and discharges
into a public sewer or other receiving waters.
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in public sewers with no particle greater than one-half
inch (13 mm) in any dimension.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by City authority.
Any watercourse, river, pond, ditch, lake, aquifer, or any
other body of surface water or groundwater receiving discharge of
wastewaters.
A sewer which carries domestic and/or industrial wastewaters
and to which surface runoff from storms and groundwater is not intentionally
admitted.
Waste, refuse, effluent, sludge and any other materials from
septic tanks, cesspools or any other similar facilities [30 M.R.S.A.
§ 1303(5)].
Wastewater, as defined in this section.
Sewage, industrial wastes, or other wastes, which show, by
analysis, the following characteristics:
The demand payment for the use of a public sewer and/or sewage
treatment plant for the handling of any sewage, industrial wastes,
or other wastes accepted for admission thereto in which the characteristics
therefor exceed the maximum values of such characteristics in normal
sewage. (See "volume charge.")
Any pipe or conduit conveying wastewater by means of gravity
flow. Wherever the term "sewer" is used throughout this article, it
shall mean "gravity sewer."
Any discharge of water or wastewater which, in concentration
of any given constituent, or in quantity of flow, exceeds, for any
period of duration longer than 15 minutes, more than five times the
average twenty-four-hour concentrations or flow during normal operation.
A pipe or conduit for conveying water, groundwater, subsurface
water, condensate, cooling water or other similar discharge, not including
domestic wastewater and/or industrial wastes.
Solids that either float on the surface of, or are in suspension
in, water, wastewater, or other liquids, and which are removable by
laboratory filtering and are referred to as nonfilterable residue
in the laboratory test prescribed in Standard Methods for the Examination
of Water and Wastewater.
Any element or compound, alone or in combination, which disrupts
or inhibits the wastewater treatment process or operation or which
causes or contributes to a violation of any requirements of the NPDES
permit.
The demand sewer use charge which is based, in part or wholly,
on the volume of normal sewage discharged into the POTW. (There may
be surcharges.) The volume charge shall be based on a specific cost
for 100 cubic feet. The specific charge shall be developed by the
Wastewater Management Commission and recommended to the Council for
final approval. The monies so obtained shall be used for current operation
and maintenance, for retirement of bonded indebtedness, and for funding
of capital projects, of the POTW. The basis of volume charge calculations
shall be made available to the public, on demand. The volume charge
shall be recalculated annually, as well as the surcharge rates.
Substances in liquid, solid or gaseous form that can be carried
in water.
The spent water of the City, and may be a combination of
the liquid and waterborne wastes from residences, commercial buildings,
industrial plants and institutions, together with any groundwater
and surface water that may be present.
Any arrangement of devices and structures used for treating
wastewater.
All structures, equipment and processes for collecting, pumping,
treating and disposing of wastewater (i.e., "sewer system").
[Code 1975, § 19-2]
(a)
Every sewer or drain designed and/or constructed to serve more than
one structure, or, in the case of a storm drain, to drain more than
one recorded lot of land, shall be considered a main sewer or drain;
and no such sewer or drain shall be constructed and connected to any
public sewer or drain except in a manner and at such a grade as authorized
by the Director and the City Engineer.
(b)
All sewers or drains authorized by the City Council shall be constructed
under the direction of the Director, except where the building of
the sewer or drain is let out by contract, in accordance with plans
and specifications furnished by the City Engineer.
(c)
The City Engineer shall make and prepare all needed plans and specifications
for the construction of all sewers built under the provisions of this
article and shall prepare plans and profiles of such sewers when so
built, showing their location and depth in relation to the street
lines and grades, which plans and profiles shall be deposited and
kept in the office of the City Engineer.
(d)
No underground utility line or structure shall be constructed or
installed so as to interfere with the proper functioning or maintenance
of any existing main sewer or drain. Neither shall any such utility
line or structure be located so as to offer conflict with any main
sewer or drain which has been proposed for construction; and any such
underground facility which is determined to be in such a location
so as to interfere with the construction and operation of any main
sewer or drain of such size, depth and grade as may be required shall
be relocated so as to eliminate such interference. The cost of such
relocation shall be borne by such person owning and/or maintaining
the underground structure causing the interference.
[Code 1975, § 19-5]
(a)
No person, other than an employee of the Highway Department working
under the control and direction of the Director, shall lay, construct
or repair any private or particular sewer or storm drain or connect
such with a public sewer or storm drain or with any other private
conduit connected with a public sewer or storm drain unless such person
is duly licensed by the City Council; and every person so licensed
shall execute and deliver to the City Clerk a bond in the amount of
$4,000 in such form as the City Solicitor shall approve and with such
surety or sureties as shall be satisfactory to the City Council, the
bond to be conditioned to guarantee the faithful performance of all
such work as the licensee may undertake to execute, to make good any
defects which may appear in any sewer, storm drain or street work
done by him, and to indemnify and save harmless the City and any other
person from all costs, actions, suits and claims whatsoever arising
or occurring in consequence of any act or work done by him under any
permit for such work granted by the Director under the provisions
of Section 70-61(f). The license shall be valid for a period of two
years upon application to the City Council. Should the licensee cancel
his performance bond, or allow it to lapse for any reason, his license
shall immediately become invalid. This bond is in addition to any
bond provided under this Code.
(b)
No person licensed by the City Council as a licensed utility contractor
shall allow his name to be used by any employee or other person, either
for the purpose of obtaining permits or for the purpose of doing any
work under his license.
(c)
Any licensed utility contractor violating any of the provisions of
this article, of his license or of any permit under which he may do
work shall, in addition to the general penalty provided for the violation
of this article, forfeit his license.
(d)
No work of laying, constructing or repairing such sewers or storm
drains or their appurtenances, or of entering or connecting with public
sewers or storm drains shall be commenced or allowed to continue unless
the permit to do so is at the job site in the hands of the licensed
utility contractor or his employee; and all work shall be completed
within a reasonable period of time, as determined by the Director.
(e)
In opening any public street or way, all materials for paving or
ballasting shall be removed with the least possible injury or loss
of such materials, and, together with the material excavated from
the trench, shall be placed where they will cause the least practical
inconvenience to the public, or as may be directed by the Director.
[Code 1975, § 19-6]
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the wastewater works. Any person violating
this provision shall be subject to immediate arrest under charge of
disorderly conduct.
[Code 1975, § 19-7]
(a)
The Director shall be the enforcing officer of all provisions of
this article, subject to the laws of the state, rules and regulations
of the division of water pollution control, State Department of Natural
Resources, and the Environmental Protection Agency.
(b)
The Director and other duly authorized employees of the City bearing
the proper credentials and identification shall be permitted to enter
all properties for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this article.
The municipality shall have the right to set up on the discharger's
property such devices as are necessary to conduct sampling, inspection,
compliance monitoring and/or metering operations.
(c)
Information and data furnished to the City with respect to the nature
and frequency of discharge shall be available to the public without
restriction unless the discharger specifically requests and is able
to demonstrate to the satisfaction of the City that the release of
such information would divulge information, processes or methods of
production entitled to protection as trade secrets or proprietary
information of the discharger.
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When requested by a discharger furnishing a report, the portions
of a report which may disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this article, the National Pollutant Discharge Elimination System
(NPDES) permit, state waste discharge license certificate and/or the
pretreatment programs; provided, however, that such portions of a
report shall be available for use by the state or any state agency
in judicial review or enforcement proceedings involving the discharger
furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
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Information accepted by the City as confidential shall not be transmitted to the general public by the City until and unless a ten-day notification is given to the discharger. No confidentiality agreement may be used to prohibit the disclosure of information to any governmental agency. Should a conflict arise between this section and the provisions of Ord. No. 2009.46, Chapter 71, regarding industrial pretreatment, the provisions of Ord. No. 2009.46, Chapter 71, as amended shall apply.
[Amended 10-5-2010 by Ord. No. 2010.100] |
(d)
While performing any necessary work on private property, City personnel
shall use their best efforts to observe all safety rules applicable
to the premises, as those rules are made known to them.
(e)
The Director and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of wastewater works lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. This provision shall in no way limit the authority of the Director and other duly authorized employees of the City bearing proper credentials and identification under Subsection (b) of this section.
[Code 1975, § 19-8]
In addition to any other enforcement methods provided for in
this article, the provisions of this article may be enforced as follows:
(1)
The Director or his designee may issue a written administrative complaint
if there are reasonable grounds to believe that the person to whom
the complaint is directed has violated:
[Amended 10-5-2010 by Ord. No. 2010.100]
(2)
The administrative complaint shall specify the provision that allegedly
was violated, and state the alleged facts that constitute the violation.
(3)
After or concurrently with service of a complaint issued under Subsection (1) of this section, the Director or his designee may:
[Amended 10-5-2010 by Ord. No. 2010.100]
a.
Issue an order that requires the person to whom the order is directed
to take corrective action within a time set in the order, including
60 days to correct any pollutant discharge to the storm drain system
unless the Director determines an alternate schedule for correction
is needed;
[Amended 6-20-2023 by Ord. No. 2023.62
b.
Send a written notice that requires the person to whom the notice
is directed to file a written report about the alleged violation;
or
c.
Send a written notice that requires the person to whom the notice
is directed to:
(4)
Within 10 days after being served with an order issued under Subsection (3) of this section, the person served may request a hearing before the Wastewater Management Commission by filing a written request for such a hearing with the pretreatment manager. In connection with any hearing, the pretreatment manager may subpoena, in the name of the Wastewater Management Commission, any person or evidence, and order a witness to give evidence. A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.
(5)
Unless the person served with an order issued under Subsection (3) of this section, makes a timely request for a hearing, the order is a final order. If the person served with an order makes a timely request for a hearing, the order becomes a final corrective order when the Wastewater Management Commission renders a decision following the hearing. This subsection does not prevent the City or any other governmental agency from taking appropriate action against a violator before the expiration of the time limitations or schedules in the order.
(6)
The following provisions govern the procedure before the Wastewater Management Commission for hearings held under Subsection (5) of this section:
a.
The Commission may receive any oral or documentary evidence but shall
provide as a matter of policy for the exclusion of irrelevant, immaterial
or unduly repetitious evidence. Every party has the right to present
the party's case or defense by oral or documentary evidence, to submit
rebuttal evidence and to conduct any cross-examination that is required
for a full and true disclosure of the facts.
b.
The transcript of testimony, if any, and exhibits, together with
all papers and requests filed in the proceeding, constitute the record.
All decisions become a part of the record and must include a statement
of findings and conclusions, as well as the reasons or basis for the
findings and conclusions, upon all the material issues of fact, law
or discretion presented and the appropriate order, relief or denial
of relief.
c.
The Commission may reconsider any decision reached under this section
within 30 days of its prior decision. The Commission may conduct additional
hearings and receive additional evidence and testimony.
d.
Any party may take an appeal, within 30 days after the decision is
rendered, to the superior court from any order, relief or denial in
accordance with the Maine Rules of Civil Procedure, Rule 80B.
(7)
The violation of any provision of this article is deemed a nuisance. The City Solicitor may bring an action for an injunction against any person who violates any provision of this article or any rule, regulation, order, or permit adopted or issued under this article. In any action for an injunction, any finding after a hearing held under Subsection (6) of this section, is prima facie evidence of each fact determined after that hearing.
(8)
In addition to being subject to an injunctive action, a person who
violates any provision of this article or any rule, regulation, order,
or permit adopted or issued under this article is subject to a civil
forfeiture of not less than $1,000 nor more than $2,500 per violation
per day, to be collected in a civil enforcement proceeding. Any discharger
violating any of the provisions of this article or of any rule, regulation,
order, or permit adopted or issued under this article or who discharges
or causes a discharge producing a deposit or obstruction or causes
damage to or impairs the City's wastewater facilities is liable to
the City for any expense, loss or damage caused by such violation
or discharge. The City shall bill the discharger for the cost incurred
by the City for any cleaning, repair or replacement work caused by
the violation or discharge. Refusal to pay the assessed cost constitutes
a separate violation of this article.
(9)
In addition to being in violation of this article, a person is subject
to a civil forfeiture of $10,000 if the person:
a.
Knowingly makes any false statement, representation or certification
in any application, record, report, plan, or other document filed
or required to be maintained under this article, or any rule, regulation,
order, or permit adopted or issued under this article; or
b.
Falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required to be maintained under this article or any
rule, regulation, order, or permit adopted or issued under this article.
(10)
If the City is the prevailing party, it shall be awarded reasonable
attorneys' fees, expert witness fees and costs, unless the court finds
that special circumstances make the award of these fees and costs
unjust.
[Ord. of 8-6-1991, § 2; Ord.
No. 2000.110, 10-26-2000; Ord. No. 2001.16, 3-8-2001; Ord. No. 2001.27, 4-17-2001; Ord. No. 2001.89, 10-16-2001]
(a)
Purposes. It is the purpose of this section to establish proportionate
user charges that place the cost of abatement directly on the sources
of pollution, conserve potable water, and maintain financial self-sufficiency.
It is determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of
the City to collect charges from all users who contribute wastewater
to the City's treatment works. The proceeds of such charges so derived
will be used for the purpose of operating and maintaining the public
wastewater treatment works and providing for future needs.
(b)
COD (CHEMICAL OXYGEN DEMAND)
COMMERCIAL USER
INDUSTRIAL USER
OPERATION AND MAINTENANCE
REPLACEMENT
RESIDENTIAL USER
USEFUL LIFE
USER CHARGE
WATER COMPANY
WATER METER
Definitions. As used in this section, the following terms have the
following meanings:
The amount of oxygen required for the chemical oxidation
of carbonaceous (organic) materials in wastewater using inorganic
dichromate as oxidants in a two-hour test.
All retail stores, restaurants, office buildings, laundries
and other private business and service establishments.
Includes any nongovernmental, nonresidential user of publicly
owned treatment works which is identified in the Standard Industrial
Classification Manual, 1972, Office of Management and Budget, as amended
and supplemented, under the following divisions: Division A: Agriculture,
Forestry, and Fishing; Division B: Mining; Division D: Manufacturing;
Division E: Transportation, Communications, Electric, Gas and Sanitary;
and Division 1: Services.
Those functions that result in expenditures during the useful
life of the treatment works for materials, labor, utilities and other
items which are necessary for managing and which such works were designed
and constructed.
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.
Any contributor to the City's treatment works whose lot,
parcel or real estate, or building is used for domestic dwelling purposes
only, but not including hotels, motels, boarding houses, tourist homes
or bed-and-breakfast establishments.
The estimated period during which a treatment work will be
operated.
That portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance, replacement and debt service of the wastewater treatment
works.
The Biddeford-Saco Water Company.
A water volume measuring and recording device, furnished
and/or installed by a user and owned by the water company or the environmental
specialist.
(c)
Revenues; use.
(1)
The revenues collected, as a result of the user charges levied,
shall be deposited in a separate non-lapsing fund known as the "Sewer
System Operation, Maintenance Replacement Fund and Debt Retirement
Fund" (or "Fund").
(2)
Fiscal year-end balances in the Fund shall be used for no other
purposes than those designated. Monies which have been transferred
from other sources to meet temporary shortages in the fund shall be
returned to their respective accounts upon appropriation adjustment
of the user charge rates for operation, maintenance replacement and
debt retirement. The user charge rates shall be adjusted such that
the transferred monies will be returned to their respective accounts
within six months of the fiscal year in which the monies were borrowed.
(d)
Rates.
(1)
Each user shall pay for the services provided by the City based
on his use of the treatment works as determined by his water consumption
according to methods recommended by the environmental specialist.
The cost of treating inflow and infiltration shall be shared by all
users as part of the user rate.
(2)
For residential users, quarterly user charges will be based
on actual water usage as determined by the water company's meter readings.
Commercial and industrial users, who are billed by the Biddeford and
Saco Water Company on a monthly basis, will also receive sewer user
charges on monthly basis. If a user discharges water into the City's
collection system, which has been obtained from a source other than
the water company, the user shall install and maintain a meter to
measure such discharge. All such meters must be inspected and approved
by the Superintendent and must be available for inspections during
the year by the City. If a residential, commercial, industrial, or
institutional user has a consumptive use of water, or, in some other
manner, uses water which is not discharged into the collection system,
the user charge for that contributor may be based on readings of wastewater
meter(s) or a separate water meter(s) (sub-meter), which must be purchased
through the City to ensure conformity and calibration, and installed
and maintained at the user's expense.
(3)
Each monthly or quarterly user shall pay the set rate and minimum
fee based on usage that has been established by the City Council for
the current fiscal year based on recommendations of the Wastewater
Management Commission.
(4)
For those users whose wastewater has a greater strength than
normal domestic sewage, a surcharge in addition to the normal user
charge, will be collected. The surcharge for operation and maintenance
including replacement is:
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$5.50 per 100 pounds BOD and COD.
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$7.50 per 100 pounds SS.
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$0.10 per pound other pollutant(s).
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(5)
Any user who discharges any toxic pollutants which cause an
increase in the cost of managing the effluent or the sludge or any
user who discharges any substance which singly, or by interaction
with other substances, causes identifiable increases in the cost of
operation, maintenance or replacement of the treatment works, shall
pay for such increased costs. The charge to each such user shall be
as determined by the appropriate financial personnel and approved
by the City Council.
(6)
The user charge rates established in the section apply to all
users of the City's treatment works.
(e)
Billing; collection.
(1)
All users shall be billed quarterly or monthly, as the case
may be. Billings for any particular quarter shall be made within 20
days after the end of a quarter. Any payment not received within 30
days after the date of billing is delinquent.
(2)
A late payment penalty of 1% of the user charge bill will be
added to each delinquent bill for each 30 days, or portion thereof,
of delinquency.
(3)
When any bill (including interest penalty) remains unpaid for
one year after the date due, such bill is subject to lien proceedings
under law. If any such lien (including interest and penalty) remains
unpaid for a period of one year after date of recordation, such property
shall be subject to sale procedures authorized by law.
(4)
The City may recover any outstanding balance by any other method
authorized by law. As part of the costs of recovering any outstanding
balance the City is entitled to an award of reasonable attorneys'
fees.
(5)
For purposes of this section, "user" means the owner of real
estate served by the sewer system or the person against whom taxes
on that real estate are assessed.
(f)
Waste of unusual strength. All users contributing more than 750,000 gallons per month and whose waste strength is greater than normal sewage shall prepare and file with the environmental specialist a report that shall include pertinent data relating to the wastewater characteristics, including the methods of sampling and measurement to obtain these data, and these data be used to calculate the use charge for the user. The City may inspect the waste stream and take its own samples. Should the City do so and should the results be substantially different, as determined by the environmental specialist, from the data submitted by the user, the user charge for that user shall be revised for the next billing cycle/period. The requirements of this section may be satisfied by complying with the applicable provisions of Ord. No. 2009.46, Chapter 71, as may be amended.
[Amended 10-5-2010 by Ord. No. 2010.100]
(g)
Review of charge.
(1)
Any user who feels his sewer bill is in error may make written
application to the Commission requesting a review of his/her user
charge. Said written request shall, where necessary, show the actual
or estimated average flow and/or strength of his/her wastewater in
comparison with the values upon which the charge is based, including
how the measurements or estimates were made.
(2)
In lieu of abatement — request of payment equal to last
quarter/monthly amount to be based on previous history before coming
to the wastewater Commission, if there is no previous history, amount
must be paid in full.
(3)
Review of the request shall be made by the Commission and, if
substantiated, the Commission shall direct that appropriate action
be taken. Any charge abated shall become a credit against the next
billing period if under $50 and refunded if over $50.
(h)
Review of rates.
(1)
During the first year after enactment of this article, the City
Council shall review the user charges quarterly and revise the rates
as necessary to ensure that adequate revenues are generated to pay
the costs of operation and maintenance including replacement and debt
retirement and that the system continues to provide for the proportional
distribution of such costs among users and user classes. During subsequent
years, the City Council shall review and, if necessary, revise the
rates at least semiannually.
(2)
The City will notify each user at least annually of the rate
being charged under this article.
(i)
Measurement of flow. The volume of flow to be used in computing sewer
service charges and abnormal sewage surcharges shall be based upon
metered water consumption as shown on the records of meter readings
maintained by the Biddeford and Saco Water Company. In the event that
a person discharging wastes into the POTW produces evidence, to the
Wastewater Management Commission demonstrating that a substantial
portion of the total amount of metered water does not reach the POTW,
then the Commission shall either establish a percentage of the total
metered water to be used as a basis for such computations, or direct
the installation of appropriate flow measuring (and totalizing) devices
to measure and record the actual amount of flow into the POTW. In
the event that a person discharging wastes into the POTW procures
all or part of his water supply from unmetered sources, the Commission
shall either direct the installation of water meters of the other
sources of water supply, or direct the installation of appropriate
flow measuring devices to measure and record the actual amount of
flow into the POTW. Any water meters and/or flow measuring devices
installed pursuant to this section shall be of a type and design acceptable
to the Commission and shall be installed, maintained, and periodically
tested as required by the owner, at his expense. All such meters and/or
flow measuring devices shall be subject to periodic inspection, testing,
and reading by the City of Biddeford. Any person discharging wastes
into the POTW may install a flow measuring device at his option, of
the type, design, installation, and maintenance standards of the Superintendent,
at the owner's expense.
