Cross Reference — As to actual rate structure, appendices A and B to ord. no. 25.03 on file in the village offices.
[Ord. No. 25.03 §1, 12-3-2001]
A. 
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the Village 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.
B. 
The user charge system contained in this Chapter is hereby adopted to govern the sewer services furnished by the Village in a uniform manner for the benefit of the Village and its sewer users. They are subject to change from time to time. If any portion of this Chapter shall be declared invalid by competent authority, such voidance shall not affect the validity of the remaining portions.
[Ord. No. 25.03 §2, 12-3-2001]
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20°C), expressed in milligrams per liter (mg/l). (Test shall not utilize nitrification inhibitor.)
MAY
Is permissive.
NORMAL DOMESTIC WASTEWATER
Wastewater that has a BOD concentration of not more than two hundred (200) mg/l and a suspended solids concentration of not more than two hundred fifty (250) mg/l.
OPERATION AND MAINTENANCE
All expenditures during the useful life of the treatment works for materials, labor, utilities, billing, equipment replacement, and other items that are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.
REPLACEMENT
Expenditures for obtaining and installing equipment, accessories, or appurtenances that 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.
RESIDENTIAL CONTRIBUTOR
Any contributor to the Village's treatment works, whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.
SHALL
Is mandatory.
SS (denoting SUSPENDED SOLIDS)
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.
TREATMENT WORKS
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 storm water and sanitary sewer systems.
USEFUL LIFE
The estimated period during which a treatment works will be operated.
USER CHARGE
That portion of the total wastewater service charge that is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.
WATER METER
A water volume measuring and recording device furnished and/or installed and approved by the Village of Theodosia.
[Ord. No. 25.03 §3, 12-3-2001]
A. 
The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance, including replacement, which the Village may, by ordinance, designate to be paid by the user charge system. That portion of the total user charge that 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 that is designated for operation and maintenance, including replacement purposes as established in Section 705.040, shall be deposited in separate non-lapsing fund known as the Operation, Maintenance, and Replacement Fund, and will be kept in three (3) primary accounts as follows:
1. 
An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works (Operation and Maintenance Account).
2. 
An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the replacement account shall be made at least annually from the operation, maintenance, and replacement revenue in the amount of six thousand three hundred twenty-five dollars ($6,325.00*) annually.
*This value has been rounded up from the six thousand three hundred twenty-one dollars ninety-three cents ($6,321.93) amount calculated in Appendix B.
3. 
An account designated for the specific purpose of meeting debt retirement costs of the treatment works (Debt Retirement 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 that 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. 25.03 §4, 12-3-2001]
A. 
Each user shall pay for the services provided by the Village based on his/her use of the treatment works as determined by water meters acceptable to the Village. Except as otherwise provided in this Section, the Village shall not provide water or sewerage service to any residence, group of residences, commercial business, or industry unless such residence or business has an individual meter. A "residence" shall be defined as a dwelling or portion of a dwelling occupied by one (1) or more families, that is separate and distinct from other portions of the dwelling. Factors that may be used in determining whether a dwelling or portion of dwelling is an individual residence requiring an individual meter are: Whether there are separate rental charges, whether there are separate charges for telephone, gas, electric, and other utilities, and the layout of the dwelling or portion of dwellings. Whether a residence requires a separate meter shall be determined by the Board of Trustees.
B. 
If it is determined by the Board of Trustees that it is not technically or economically feasible to install individual meters for each residence or other user, as described in Subsection (A), in an existing building, then the Board, by majority vote, may waive the requirement that each residence, commercial business, or industry located on premises have an individual meter. Such waiver shall only be given at the request of the owner of the property at a regular meeting of the Board.
C. 
For all contributors, monthly user charges shall be based on water used during the current month. If a contributor has a consumptive use of water, or in some other manner uses water that 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 Village.
D. 
(Reference is made to Appendix A of this Chapter.) Users living within and without the corporate limits of the Village of Theodosia shall pay a base charge for labor, billing, administration, and debt retirement of twenty dollars eight cents ($20.08) per month for the first two thousand (2,000) gallons of water used, plus a user charge rate for replacement, operation, and maintenance of one dollar sixty-five cents ($1.65) per one thousand (1,000) gallons of water used above two thousand (2,000) gallons per month, as determined in Section 705.020 of this Chapter.
E. 
If the Board determines that it is not technically or economically feasible to install individual meters on any premises, residence, commercial business, or industry, and if they fail to install individual meters as required by Subsection (A), the owner of the premises served, where there are multiple residences, commercial businesses, or industries not individually metered, shall pay sewerage charges as follows: The number of users times the minimum monthly sewerage charge per month and, in addition, an overage charge for the amount of water service used in excess of the number of residences or users times two thousand (2,000) gallons at the rate set under this Chapter.
F. 
(Reference is made to Appendix A of this Chapter.) Users, regardless of their locations, who are not customers of the Village's water system and have successfully obtained a waiver for meter installation from the Board of Trustees as outlined in Section 705.040(B), shall pay a flat fee for wastewater service of twenty-five dollars nineteen cents ($25.19) per month.
G. 
(Reference is made to Appendix A of this Chapter.) For those users who contribute 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:
$0.268 per pound BOD in excess of 200 mg/l.
$0.214 per pound SS in excess of 250 mg/l.
H. 
Any user who discharges any toxic pollutants that cause an increase in the cost of managing the effluent or the sludge from the Village's treatment works, or any user who discharges any substance that 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 Board.
I. 
The user charge rates established in this Chapter apply to all users of the Village's treatment works, regardless of their location.
[Ord. No. 25.03 §5, 12-3-2001]
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 by the tenth (10th) of the month after the billing is made shall be delinquent.
B. 
A late payment penalty of three dollars ($3.00) shall 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. 25.03 §6, 12-3-2001]
A. 
The Village will review the user charge system at least yearly 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 Village 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 Village-owned property) will be used to defray operation and maintenance costs. The user charge rate will be reduced proportionately.
[Ord. No. 25.03 §7, 12-3-2001]
The provisions of this Chapter shall take precedence over any items or conditions of agreements, or contracts between the Village and users (including industrial users, special districts, other municipalities, or Federal agencies or installations) that are inconsistent with the requirements of Section 204(b)(1)(A) of the Clean Water Act and corresponding regulations 35.2140(h).