[Ord. No. 183 (VI)
§1, 1-14-1991]
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 wastewater treatment works. The proceeds of such charges so
derived will be used for the purpose of operating and maintaining
the public wastewater treatment works.
[Ord. No. 183 (VI)
§2, 1-14-1991]
Unless the context specifically indicates otherwise, the meaning
of terms used in this Chapter shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Centigrade (20°C), expressed in milligrams
per liter (mg/l). (Test shall not utilize nitrification inhibitor.)
Wastewater that has a BOD concentration of not more than
three hundred (300) mg/l and a suspended solid concentration of not
more than three hundred fifty (350) mg/l.
All expenditures during the useful life of the treatment
works for materials, labor, utilities, billing, equipment replacement,
and other items which are necessary for managing and maintaining the
sewage works to achieve the capacity and performance for 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. The term "operation
and maintenance" includes replacement.
Any contributor to the City's treatment works whose lot,
parcel of real estate, or building is used for domestic dwelling purposes
only.
Is mandatory; MAY: Is permissive.
Solids that either float on the surface of or are in suspension
in water, sewage, or other liquids and which are removable by laboratory
filtering.
Any devices or systems for the storage, treatment, recycling
and reclamation of municipal sewage, domestic sewage, or liquid industrial
wastes. These include intercepting sewers, outfall sewers, sewage
collection systems, individual systems, pumping, power, and other
equipment and their appurtenances; extensions, improvement, remodeling,
additions or alterations thereof; elements essential to provide a
reliable recycled supply such as standby treatment units and clear
well facilities; and any works, including site acquisition of the
land, that will be an integral part of the treatment process or is
used for ultimate disposal of residues resulting from such treatment
(including land for composting sludge, temporary storage of such compost,
and land used for the storage of treated wastewater in land treatment
systems before land application); or any other method or system for
preventing, abating, reducing, storing, treating, separating or disposing
of municipal waste or industrial waste, including waste in combined
stormwater and sanitary sewer systems.
The estimated period during which a treatment works 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 and replacement of the wastewater treatment works.
A water volume measuring and recording device furnished and/or
installed and approved by the City of Diamond.
[Ord. No. 183 (VI)
§3, 1-14-1991]
A.
The user
charge system shall generate adequate annual revenues to pay costs
of annual operation and maintenance including replacement which the
City may by ordinance designate to be paid by the user charge system.
That portion of the total user charge which is designated for operation
and maintenance, including replacement of the treatment works, shall
be established by this Chapter.
B.
That portion of the total user charge collected which is designated for the operation and maintenance including replacement purposes as established in Section 715.040, shall be deposited in a separate non-lapsing fund known as the "Operation, Maintenance, Replacement Fund" and will be kept in three (3) primary funds as follows:
[Ord. No. 382, 3-18-2013]
1.
A sub-fund designated for the specific purpose of defraying the operation
and daily maintenance costs (excluding replacement or equipment repair
schedule) of the treatment works (Operation Fund).
2.
A sub-fund designated for the specific purpose of ensuring long-term
repair and maintenance of equipment over the useful life of the treatment
works (Maintenance Fund). Deposits in the Maintenance Fund shall be
made at least once monthly from the operation, maintenance, replacement
revenue in the amount of one thousand dollars ($1,000.00) per month
to equal twelve thousand dollars ($12,000.00) annually.
3.
A sub-fund designated for the specific purpose of ensuring replacement
needs over the useful life of the treatment works (Replacement Fund).
Deposits in the Replacement Fund shall be made at least once monthly
from the operation, maintenance, replacement revenue in the amount
of one thousand dollars ($1,000.00) per month to equal twelve thousand
dollars ($12,000.00) annually.
4.
Additional accounts are to be maintained for the specific purpose
of debt retirement costs of the treatment works as required by applicable
lenders (Debt Service Account/Debt Service Reserve Account).
C.
Fiscal
year-end balances in the operation and maintenance account, the replacement
account, and the debt retirement account shall be carried over to
the same accounts in the subsequent fiscal year and shall be used
for no other purposes than those designated for these accounts. Monies
which have been transferred from other sources to meet temporary shortages
in the Operation, Maintenance and Replacement Fund shall be returned
to their respective accounts upon appropriate adjustments of the user
charge rates for operation, maintenance and replacement. The user
charge rate shall be adjusted such that the transferred monies will
be returned to their respective accounts within the fiscal year following
the fiscal year in which the monies were borrowed.
[Ord. No. 183 (VI)
§4, 1-14-1991; Ord. No. 329, 4-12-2010]
A.
Each
user shall pay for the services provided by the City based on his/her
use of the treatment works as determined by water meters acceptable
to the City.
B.
For residential
contributors, monthly user charges will be based on actual monthly
water usage. For industrial and commercial contributors, user charges
shall be based on water used during the current month. If an industrial
or commercial contributor has a consumptive use of water or in some
other manner uses water which is not returned to the wastewater collection
system, the user charge for that contributor may be based on a wastewater
meter or a separate water meter installed and maintained at the contributor's
expense and in a manner acceptable to the City.
C.
Users living within the corporate limits of the City of Diamond shall pay a base user charge rate of eight dollars ($8.00) for operation and maintenance, replacement and debt retirement and three dollars and forty-seven cents ($3.47) per thousand gallons of water used, as determined in Subsection (B) of this Section.
[Ord. No. 352, 3-12-2012; Ord.
No. 381, 3-18-2013]
D.
(Reference is made to Appendix A of this ordinance.[1]) For those users who contribute to wastewater, the strength
of which is greater 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:
[Ord. No. 352, 3-12-2012]
1.
$0.154 per pound BOD in excess of three hundred (300) mg/l.
2.
$0.132 per pound SS in excess of three hundred fifty (350) mg/l.
[1]
Editor's Note: Appendix A is on file in the office of
the City Clerk.
E.
Any user
who discharges any toxic pollutants which cause an increase in the
cost of managing the effluent or the sludge from the City's treatment
works, 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 user
shall be as determined by the responsible plant operating personnel
and approved by the City Council.
F.
The user
charge rates established in this Section apply to all users of the
City's treatment works, regardless of their location.
[Ord. No. 183 (VI)
§5, 1-14-1991]
A.
All users
shall be billed monthly. Billings for any particular month shall be
made within thirty (30) days after the end of that month. Payments
are due when the billings are made. Any payment not received within
thirty (30) days after the billing is made shall be delinquent.
B.
A late
payment penalty of ten percent (10%) of the unpaid balance of the
user charge bill will be added to each delinquent bill for each thirty
(30) days of delinquency. When any bill is thirty (30) days in default,
rendition of water and/or sewer service to such premises shall be
discontinued until such bill is paid following due notice and opportunity
for hearing.
[Ord. No. 183 (VI)
§6, 1-14-1991]
A.
The City
will review the user charge system at least every two (2) years and
revise user charge rates as necessary to ensure that the system generates
adequate revenues to pay the costs of operation and maintenance, including
replacement, and that the system continues to provide for the proportional
distribution of operation and maintenance, including replacement costs
among users and user classes.
B.
The City
will notify each user at least annually, in conjunction with a regular
bill, of the rate being charged for operation and maintenance, including
replacement of the treatment works.
C.
Revenue
related to operation of the treatment works (e.g., sale of sludge
or effluent, lease of property, sale of crops grown on City-owned
property) will be used to defray operation and maintenance costs.
The user charge rate will be reduced proportionately.
[Ord. No. 183 (VI)
§7, 1-14-1991]
The provisions of this Chapter shall take precedence over any
items or conditions of agreements, or contracts between the City,
and uses which are inconsistent with the requirements of Section 204(b)(1)(A)
of the Clean Water Act and corresponding regulations.
