[Code 1985 § 27-231; Code 2005 § 110-171]
A. 
For the purpose of providing funds for the operation and maintenance of the sanitary sewerage system and for other purposes as allowed by applicable law, there is hereby fixed and established a system of user charges to be levied against each respective user thereof. Charges are based on the costs of operation and maintenance of the sanitary sewerage system including replacement as well as the volume, strength and delivery flow rate of the sewage. Costs of treating extraneous flows shall be included in the cost of operation and maintenance and, as such, shall be apportioned among the users on the same basis as the other operation and maintenance costs. The cost for treatment of toxic pollutants will be charged to the dischargers of these pollutants. The city shall review the user charges from time to time and no less often than annually and revise them as necessary to ensure that sufficient funds are available to pay the costs of sanitary sewerage administration, operation, maintenance and replacement and to ensure a proportionate distribution of the costs among the users. The base level charge is comprised of equal charges to each account to meet the debt requirements plus a volume related charge for normal strength sewage to pay the normal costs of administration, operation, maintenance and replacement, plus a surcharge for pollutants above normal strength to pay the costs of treating those pollutants. The city shall maintain such records as are necessary to document the adequacy and proportionality of the user charges. The records shall be maintained as long as required by all applicable rules and regulations. The users shall be notified, no less than annually, in conjunction with a regular bill, of the rates and the portion of the user charge attributable to wastewater treatment services.
B. 
The monthly volume of sewage discharged by each user shall be assumed to be equal to the quantity of water metered to the user but, in the cases where the volume cannot be reasonably determined from the water so metered, the amount of sewage discharged into the city system shall be determined as provided in this section. On single-family dwellings, the charge per month shall be computed on the average monthly volume discharged during the months of December, January and February. The volume of wastewater discharged by new single-family customers shall be assumed to be equal to the average of all single-family customers until the start of the fiscal year following the next average monthly volume determination period.
C. 
It shall be the duty of every owner and occupant of premises benefitted by such sanitary sewer facilities, when requested by a duly authorized agent of the city, to furnish such information as may be required by the city and necessary for a proper determination of the rate to be charged for such service. The owner, or occupant if other than owner, of such premises shall promptly advise the city clerk of any change in the character of the use of such premises or of additional facilities hereafter installed. Failure to so advise the city clerk will not relieve such owner or occupant of any additional charge arising out of the change of use of the premises or additional facilities, and the city clerk shall bill such owner and/or occupant accordingly for any such additional charge past due, nor will the city be obligated to credit such owner and/or occupant for any difference in charges arising out of any change in the use of the premises or reduction in facilities.
D. 
A surcharge system meeting Environmental Protection Agency requirements will be developed if industries having above normal strength waste and/or wastes containing other pollutants that may increase the cost of operation and maintenance, desire to use the sewage facilities. There will be no above normal strength charge nor will there be any reduction in the base level charge when the total SS and/or BOD are equal to or less than 300 mg/l.
E. 
The sewage shall be analyzed except the sewage from individual residences and establishments known to discharge only domestic wastewater which is assumed to be of normal strength will not ordinarily be analyzed. The analysis will be carried out in accordance with generally recognized methods.
F. 
The individual monthly user charge shall be computed in accordance with the following formula:
Cu = Cb + (Ct/Vt)(Vu)
Where:
Cu
=
A user's monthly charge.
Cp
=
A user's monthly share of the debt service.
Ct
=
Total annual cost of administration, operation and maintenance and replacement.
Vt
=
Total annual volume contribution from all users.
Vu
=
The monthly quantity of wastewater discharged by the individual user (gal./mo.).
Use of this formula will provide sufficient revenue to offset estimated costs.
When the BOD, suspended solids or other pollutant concentrations from a user exceed normal strength, a surcharge shall be added to the base charge. The surcharge shall be computed as follows:
Cp =
Pc(P)(Vu)(8.34)
1,000,000
Where:
Cp
=
Surcharge for an excessive strength pollutant ($/mo.).
Pc
=
O&M cost for treatment of a pound of pollutant ($/lb.).
P
=
Concentration of any pollutant from a user above a base level (mg/l). The base levels for BOD and SS are 300 mg/l each.
Vu
=
(defined above).
The summation of surcharges for each excessive strength pollutants produces the total user surcharge.
G. 
Except as otherwise expressly provided in this article, each person from whose property or premises sewage is discharged into the sanitary sewage system of the city, but who is not a water customer of the city, is hereby required to meter, at its source, the quantity of water used with an appropriate meter to be approved by the city and to pay a monthly user charge upon the quantity of water thus metered and the strength of sewage discharged, to be computed in like manner as provided in this section.
H. 
Each user of the sanitary sewerage system of the city who is a water customer of the city, but who also obtains, uses or consumes water from any source other than from the city, is hereby required to meter, at such source, the quantity used, with an appropriate meter to be approved by the city, and to pay a monthly user charge based upon the total quantity of water metered and the strength of sewage discharged, to be computed in like manner as provided in this section.
I. 
No person shall use the sewer service of the city without paying for such sewer service.
[Code 1985 § 27-232; Code 2005 § 110-72]
A. 
The monthly charge shall be based on the rates established and adjusted from time to time by the board of commissioners in accordance with the procedures described in this article and shall be charged to each service unit.
B. 
Charges for the use of the sewage disposal system shall be charged to the user or occupant of a service unit, which is hereby defined as any single house, building or property which discharges sewage, either directly or indirectly, into the sewage disposal system of the city. Where two or more houses, buildings or properties discharge sewage into the sewage disposal system of the city through a common sewer line, drain or connection, a separate charge shall be made upon the occupant or user of each such house, building or property.
C. 
The rates as established by resolution and duly amended shall apply and be figured on such usage.
D. 
No vacancy credit will be allowed unless water is turned off by the city and no credit will be allowed for less than one month. Bills rendered on vacation of any premises or bills rendered to persons discontinuing water and sewer service must be paid at the time of disconnection.
E. 
All new connections and service charges shall be assessed at the applicable rates.
[Res. No. 15-1989, 3-20-1989; Code 1985 § 27-232.1; Code 2005 § 110-173]
A. 
The monthly volume of sewage discharged by each user shall be assumed to be equal to the quantity of water metered to the user but, in the cases where the volume cannot be reasonably determined from the water so metered, the amount of sewage discharged in the city system shall be determined as provided in § 20-53. Provided, however, on single-family dwellings the charge per month shall be computed on the average monthly volume discharged during the months of December, January, and February. The volume of wastewater discharged by new single-family customers shall be assumed to be equal to the average of all single-family customers until the start of the fiscal year following the next average monthly determination period.
B. 
Any person from whose property or premises sewage is discharged into the sanitary sewerage system of the city, where the charges, as determined in accordance with the provisions of this article, do not reasonably reflect the amount of sewage and concentration of BOD and/or SS discharged by the applicant into the sanitary sewerage system, may apply in writing to the city engineer to make a survey of the special facts and conditions shown to exist by such application. After considering such application and survey, the city engineer, with approval of the city manager, shall determine the amount of sewage and concentration of BOD and SS discharged by the applicant into the sanitary sewer system under the special facts and conditions shown to exist so that the charges to the applicant will be just, fair and equitable. In the event a premises is connected to the city water system, but not to the sewer system, no sewer service charge will be assessed.
C. 
Except as otherwise expressly provided, each person from whose property or premises sewage is discharged into the sanitary sewage system of the city, but who is not a water customer of the city is hereby required to meter, at its source, the quantity of water used with an appropriate meter to be approved by the city and to pay a monthly user charge based upon the quantity of water thus metered and the strength of sewage discharged, to be computed in like manner as provided in the preceding subsections of § 20-53.
D. 
Each user of the sanitary sewerage system of the city who is a water customer of the city, but who also obtains, uses, or consumes water from any source other than from the city is hereby required to meter, at such source, the quantity used, with an appropriate meter to be approved by the city, and to pay a monthly user charge based upon the total quantity of water metered and the strength of sewage discharged, to be computed in like manner as provided in § 20-53.
[Code 1985 § 27-233; Code 2005 § 110-174]
A. 
Minor users are those whose industrial discharge meets all of the following criteria:
(1) 
The maximum hourly rate of discharge is 1,042 gallons or less.
(2) 
Typical BOD and/or SS concentrations of the discharge from similar industries do not exceed 80% of the values shown for normal strength sewage. The user will be classified as an intermediate or major user if either value is exceeded more than 80% of the time.
B. 
Intermediate users are those whose industrial discharge exceeds the criteria for a minor user but does not exceed any of the following criteria:
(1) 
The maximum hourly rate of discharge, as previously defined, does not exceed 2,000 gallons.
(2) 
The BOD and/or SS concentrations in the discharge do not exceed 100% or the values shown for normal strength sewage more than 10% of the time.
C. 
Major users are those whose industrial waste discharge does not meet the flow, BOD or SS criteria listed for minor or intermediate users.
D. 
The BOD and SS concentrations in the discharge of minor users will normally be determined from standard values for various industries established by the city manager. However, the city manager will collect samples and may monitor discharge rates on a random basis. The intermediate users are required to cause a sample to be collected and analyzed at least one time during any 12 consecutive months. The major users are required to cause a sample to be collected and analyzed at least one time per month. The sample shall be made up of individual portions collected, composited and analyzed so as to permit determination of the maximum hourly discharge rates as previously defined. The analysis shall be determined and certified by an independent testing laboratory employed by the user and approved by the city manager.
E. 
A report shall be prepared and submitted to the city manager within 15 working days after the sample is collected. The report shall be signed and shall contain a statement ensuring that the sample was collected and composited in such a manner as to be representative of the maximum hourly discharge rate. It shall also include the:
(1) 
Starting and ending time of the sampling period;
(2) 
Hourly rate of flow observed during the sampling period;
(3) 
Concentrations of BOD and SS;
(4) 
Total pounds of BOD and SS discharged during the sampling periods; and
(5) 
Concentrations of other pollutants listed on the user's current industrial discharge permit.
F. 
All costs associated with collection, compositing, analysis and reporting of these samples shall be borne by the user.
G. 
The sampling points shall be located, installed and maintained by the user so that any authorized representative of the city may readily and safely obtain samples of the discharge during all hours when discharge occurs. The city can be expected to collect a grab sample one or more times per year from intermediate users and two or more times per year from major users. The city may or may not give prior notice of its intent to collect a sample.
[Code 1985 § 27-234; Code 2005 § 110-175]
A. 
A user discharging industrial waste into the sanitary sewerage system prior to the effective date of Ordinance No. 2-7-83-7 may continue without penalty so long as he does not increase the quantity of the discharge without the prior permission of the city manager, and has discharged the industrial waste at least three months prior to the effective date of Ordinance No. 2-7-83-7 and applies for and is granted a permit to discharge no later than 120 days after the effective date of Ordinance No. 2-7-83-7.
B. 
Upon application on forms provided by the city, a permit to discharge may be granted to users provided that the user:
(1) 
Submits an application within 45 days after the effective date of Ordinance No. 2-7-83-7;
(2) 
Secures approval by the city manager of plans and specifications for pretreatment facilities when required; and
(3) 
Has complied with all requirements including but not limited to:
a. 
Payment of charges;
b. 
Installation and operation of pretreatment facilities; and
c. 
Sampling and analysis to determine quantity and quality.
C. 
A person applying for a new discharge shall:
(1) 
Meet all conditions of subsection B of this section except subsection B(1) of this section;
(2) 
Submit an application for discharge 60 days or more prior to the planned initiation of such discharge;
(3) 
Secure a permit to discharge prior to discharging any wastes; and
(4) 
Demonstrate compliance with applicable state and federal statutes, rules and regulations.
D. 
Permits issued under this section are issued subject to conditions listed thereon and all other applicable local, state and federal statutes, rules and regulations. The permits are subject to revocation for noncompliance. The permit conditions are subject to modification by the city manager if such modification is or becomes necessary to protect the sanitary sewerage system or its proper functioning, or if such modification becomes necessary as a result of requirements imposed by the state or federal government.
[Code 1985 § 27-235; Code 2005 § 110-176]
Each user of the sanitary sewerage system of the city whose property or premises may be located outside the corporate limits of the city shall pay as a sewer service charge a sum equal to 150% of the sum computed under the provisions of §§ 20-53—20-57. The city does not obligate itself to furnish sanitary sewer service to any person, but will furnish such service as is reasonable within its financial ability to do.
[Code 1985 § 27-236; Code 2005 § 110-177]
The funds derived from the sewer service charge shall be deposited in the general revenues of the Cushing Municipal Authority to be used for the upkeep, maintenance, extension and repair of the sanitary sewerage system and such other uses as are required by the authority by law and the obligations incurred by them. Any excess revenues that are collected from a class of users shall be applied to the costs of operation and maintenance attributable to that class for the next year and the rate shall be adjusted accordingly.
[Code 1985 § 27-237; Code 2005 § 110-178]
A. 
Any person from whose property or premises sewage is discharged into the sanitary sewerage system of the city and who believes the charges, as determined in accordance with the provisions of §§ 20-53—20-57, do not reasonably reflect the amount of sewage and/or concentration of BOD and/or SS discharged by such person into the sanitary sewerage system of the city, may apply in writing to the board of commissioners for an adjustment of the charges. The application shall be accompanied by a report containing the results of sewage flow measurements, laboratory tests, etc., to demonstrate that the charges are unreasonable. All such flow measurements, tests, etc., shall be performed at no cost to the city and in accordance with generally recognized methods as approved by the city manager. After considering the application, and any other pertinent facts or reports, the board of commissioners shall, if it finds the charges are not reasonable, adjust them so that they are just, fair and equitable.
B. 
The provisions of this division relating to user charges shall take precedence over any terms, conditions of agreement or contracts between the grantee, the city and any users that are inconsistent.