Title V: Public Works

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" rowspan="3" width=174 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <IMG SRC="52eaac70.jpg" border=0 width="170" height="199" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> <a href="http://www.amberalertindiana.com" target="_blank"><img src="http://www.amberalertindiana.com/showbutton.php" width="155" height="50" border="0"></a></div> <div> <A HREF="id31.htm" TARGET="_top" TITLE="Special Bulletins"><U><IMG SRC="0558c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> <A HREF="id19.htm" TARGET="_top" TITLE="Services"><U><IMG SRC="0578c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> <A HREF="id20.htm" TARGET="_top" TITLE="Government"><U><IMG SRC="0598c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> <A HREF="id22.htm" TARGET="_top" TITLE="Contact Us"><U><IMG SRC="05b8c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <bR> </td> <td valign="top" colspan=2 height=157 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <IMG SRC="52503780.jpg" border=0 width="771" height="120" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> <A HREF="id17.htm" TARGET="_top" TITLE="Welcome Home"><U><IMG SRC="52676230.jpg" border=0 width="118" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id18.htm" TARGET="_top" TITLE="About Us"><U><IMG SRC="52c6d230.jpg" border=0 width="109" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id29.htm" TARGET="_top" TITLE="Local News"><U><IMG SRC="52b69230.jpg" border=0 width="105" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id30.htm" TARGET="_top" TITLE="Local Weather"><U><IMG SRC="52a6d230.jpg" border=0 width="109" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id21.htm" TARGET="_top" TITLE="Local Links"><U><IMG SRC="5296f230.jpg" border=0 width="111" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id22.htm" TARGET="_top" TITLE="Contact Us"><U><IMG SRC="52869230.jpg" border=0 width="105" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><IMG SRC="52772230.jpg" border=0 width="114" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> </div> </td> </tr><tr> <td valign="top" height=303 BGCOLOR="#FFFFFF" TEXT="#080000"> <div> Title V: Public Works: Public Works</div> <div> <B>TITLE V:  PUBLIC WORKS</B></div> <div> Chapter</div> <bR> <div> 50.     GARBAGE</div> <div> 51.     SEWERS</div> <div> 52.     SEWER RATES</div> <div> 53.     WATER</div> <bR> <div> <B>CHAPTER 50:  GARBAGE</B></div> <div> Section</div> <bR> <div> 50.01     Scope of services</div> <div> 50.02     Definitions</div> <div> 50.03     Collection schedule</div> <div> 50.04     Required receptacles</div> <div> 50.05     Fees</div> <div> 50.06     Retail, commercial business and industrial service</div> <div> 50.07     Delinquency; lien</div> <bR> <div> § <B>50.01  SCOPE OF SERVICES.</B></div> <div> Collection of garbage, rubbish, and household rubbish in the city shall be made as follows.</div> <div> (A)     Curbside collection of refuge shall be available to structures consisting of residential units of three units or less under the terms and conditions of this chapter and under any reasonable rules and regulations as the Board of Public Works and Safety may adopt.</div> <div> (B)     Except as otherwise provided in § 50.06, there shall be no collection of any garbage, rubbish, household rubbish, or any other waste or residue of any kind, character or description from any retail, commercial, business or industrial establishment. Nothing contained in this chapter shall be construed or interpreted as authorizing or requiring, at public expense, the collection and disposal of waste material that shall result from the operation of any retail, commercial, business or industrial establishment.</div> <div> (C)     For the purposes of this subchapter, apartment complexes and apartment buildings having four or more residential units shall be considered as commercial or business establishments and not included under the scope of services available to residential units.</div> <div> (Ord. 362, passed 11- -89)</div> <bR> <div> § <B>50.02  DEFINITIONS.</B></div> <div> For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> APARTMENT RESIDENTIAL UNIT. An occupied or unoccupied individual housekeeping, living or dwelling unit of a multi-family dwelling or building.</div> <div> CURBSIDE COLLECTION.  Collection in a standard container, as defined herein, at or near the street adjacent to the premises served or at another location as the city may direct.</div> <div> REFUSE.  Including but not limited to items such as discarded containers, organic matter, paper, small solid objects, putrescible and nonputrescible solid and semi-solid waste including garbage, rubbish, ashes, street cleanings, dead animals, and offal.</div> <div> RESIDENTIAL UNIT. An occupied or unoccupied single-family residential dwelling unit specifically including, but not limited to, a mobile home.</div> <div> STANDARD CONTAINER.  A leak-proof container of 30-gallon capacity having a tightly fitting lid and side handles of sufficient strength and size to enable the collector to easily lift and empty the container, or a 60-pound capacity when filled.</div> <div> (Ord. 362, passed 11- -89)</div> <bR> <div> § <B>50.03  COLLECTION SCHEDULE.</B></div> <div> Garbage and rubbish collection shall be made in accordance with a weekly schedule determined and promulgated by the Board of Public Works and Safety.</div> <div> (Ord. 362, passed 11- -89)</div> <bR> <div> § <B>50.04  REQUIRED RECEPTACLES.</B></div> <div> All garbage and rubbish shall be placed in closed, watertight, sanitary receptacles of plastic or metal material. Receptacles shall always be kept in a clean, sanitary condition, and shall never exceed 30 gallons in capacity or weigh more than 60 pounds when filled.</div> <div> (Ord. 362, passed 11- -89)</div> <bR> <div> § <B>50.05  FEES.</B></div> <div> (A)     There is imposed upon each owner, tenant or occupant of a residential unit to whom garbage collection, trash pick-up and refuse collection is made available by the city, a residential user fee according to the following schedule.</div> <div> (1)     There is imposed a fee of $4 per month upon each residential unit contained in a structure consisting of only one residential unit.</div> <div> (2)     There is imposed a fee of $3 per month upon each apartment residential unit contained in a structure consisting of either two or three residential units.</div> <div> (3)     The fees established herein shall be imposed on and be the obligation of the user of the city water and sewage utilities, and shall be payable as are bills for water and sewage services rendered. The user fee or service charge shall be due and payable along with the monthly water and sewage bill as levied by the city, and shall be subject to the late charges and collection procedures as contained in I.C. 36-9-30-1 et seq. Where multiple residential units use a single meter, the billings shall be to the same entity as the water and sewage service billing. In the event any recipient of garbage and refuse collection service is not either a direct or indirect user of municipal water service and does not therefore receive a water or sewage bill, the recipient will be billed directly for the service, and the bill will be payable on the same basis as are bills for water and sewage services.</div> <div> (B)     The fees provided for in this chapter shall be paid as they become due at the office of the Clerk-Treasurer. All collection shall be in an account separate and distinct from other funds of the city, and shall not be merged or commingle therewith, but collection and receipts shall be used exclusively for the payment of garbage, trash and refuse collection services and for disposal charges of the city.</div> <div> (Ord. 362, passed 11- -89)</div> <bR> <div> § <B>50.06  RETAIL, COMMERCIAL, BUSINESS AND INDUSTRIAL SERVICE.</B></div> <div> If garbage and rubbish collection service is requested by any retail, commercial, business or industrial establishments with the city, the Board of Public Works and Safety is hereby authorized to enter into a contract with the establishment for garbage and rubbish collection service for a period of not less than one year at a fair and reasonable charge to be fixed by the Board.</div> <div> (Ord. 362, passed 11- -89)</div> <bR> <div> § <B>50.07  DELINQUENCY; LIEN.</B></div> <div> If the net fee imposed pursuant to this chapter is not paid within 30 days of its due date as indicated conspicuously on the billing referred to herein, there shall be assessed a delinquency charge in the amount of $10 of the net fee, which delinquency charge and net fee shall be immediately due and payable. If the fee and delinquency charge are not paid as required by this chapter, these amounts, together with a reasonable attorney fee, may be recovered by the city in a civil action in the name of the city. The fee imposed pursuant to this chapter is made a lien against and upon the corresponding lot, parcel of real estate, building or premises which is subject to the fee herein established.</div> <div> (Ord. 362, passed 11- -89)</div> <bR> <div> <B>CHAPTER 51:  SEWERS</B></div> <div> Section</div> <bR> <div> General Provisions</div> <div> 51.01     Purpose</div> <div> 51.02     Administration</div> <div> 51.03     Abbreviations</div> <div> 51.04     Definitions</div> <div> 51.05     Confidential information</div> <div> 51.06     Judicial enforcement remedies</div> <div> 51.07     Pretreatment charges and fees</div> <bR> <div> General Sewer Use Requirements</div> <div> 51.15     Prohibited discharge standards</div> <div> 51.16     Local limits</div> <div> 51.17     City's right or revision</div> <div> 51.18     Dilution</div> <bR> <div> Pretreatment of Wastewater</div> <div> 51.25     Pretreatment facilities</div> <div> 51.26     Additional pretreatment measures</div> <div> 51.27     Hauled wastewater</div> <div> 51.28     Reports of potential problems</div> <bR> <div> Compliance Monitoring</div> <div> 51.35     Right of entry; inspection and sampling</div> <div> 51.36     Search warrants</div> <bR> <div> Administrative Enforcement Remedies</div> <div> 51.45     Notification of violation</div> <div> 51.46     Compliance orders</div> <div> 51.47     Cease and desist orders</div> <div> 51.48     Administrative fines</div> <div> 51.49     Water supply severance</div> <div> 51.50     Emergency suspensions</div> <bR> <div> Affirmative Defenses to Discharge Violations</div> <div> 51.60     Upset</div> <div> 51.61     Prohibited discharge standards</div> <div> 51.62     Bypass</div> <div> 51.99     Penalty</div> <bR> <div> <B>GENERAL PROVISIONS</B></div> <div> § <B>51.01  PURPOSE.</B></div> <div> (A)     This chapter sets forth uniform requirements for users of the publicly owned treatment works for the city and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403).</div> <div> (B)     This chapter shall apply to all users of the publicly owned treatment works. The chapter provides for the regulating the connection to and use of the public owned treatment works, sewers and drains, the discharge of waters and wastes into the public owned sewer system, for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and provides for the setting of fees for the equitable distribution of costs resulting from the program established in this chapter.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.02  ADMINISTRATION.</B></div> <div> Except as otherwise provided in this chapter, the Superintendent of the publicly owned treatment works (hereafter "Superintendent") shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other city personnel.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.03  ABBREVIATIONS.</B></div> <div> The following abbreviations, when used in this chapter, shall have the designated meanings:</div> <div> BOD     Biochemical Oxygen Demand</div> <div> CFR     Code of Federal Regulations</div> <div> COD     Chemical Oxygen Demand</div> <div> EPA     U.S. Environmental Protection Agency</div> <div> gpd     gallons per day</div> <div> mg/1     milligrams per liter</div> <div> NPDES     National Pollutant Discharge Elimination System</div> <div> POTW     Publicly Owned Treatment Works</div> <div> RCRA     Resource Conservation and Recovery Act</div> <div> SIC     Standard Industrial Classification</div> <div> TSS     Total Suspended Solids</div> <div> USC     United States Code</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.04  DEFINITIONS.</B></div> <div> For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  Any terms not defined herein, but defined in § 52.01, shall have the same meaning therein.</div> <div> ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC § 1251 et seq.</div> <div> BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20º C., usually expressed as a concentration (for example, mg/1).</div> <div> BOARD.  The Board of Public Works and Safety of the City of Berne, Indiana, or any duly authorized officials or boards acting in its behalf.</div> <div> BUILDING (or HOUSE) DRAIN. The lowest horizontal piping of building drainage system which receives the discharge from waste, and other drainage pipes inside the walls of the building and conveys it to a point approximately five  feet outside the foundation wall of the building.</div> <div> BUILDING DRAIN - SANITARY.  A building drain which conveys sanitary or industrial sewage only.</div> <div> BUILDING DRAIN - STORM.   A building drain which conveys storm water or other clean water drainage, but no wastewater.</div> <div> BUILDING LATERAL SEWER.  The extension from the building drain to the sewerage system or other place of disposal.</div> <div> BUILDING SEWER - SANITARY.  A building sewer which conveys sanitary or industrial sewage only.</div> <div> BUILDING SEWER - STORM.  A building sewer which conveys storm water or other clean water drainage, but no wastewater.</div> <div> COMBINED SEWAGE.  Wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.</div> <div> COMBINED SEWER.  A sewer intended to receive both wastewater and storm or surface water.</div> <div> EASEMENT.  An acquired legal right for the specific use of land owned by others.</div> <div> IDEM.  The Indiana Department of Environmental Management.</div> <div> INDUSTRIAL SEWAGE.  A combination of liquid and water-carried wastes, discharged from any industrial establishment and resulting from any trade or process carried on in the industrial establishment including wastes from pretreatment facilities and polluted cooling water.</div> <div> INFILTRATION.  The water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls, and which is distinguished from inflow.</div> <div> INFILTRATION/INFLOW.  The total quantity of water from both infiltration and inflow without distinguishing the source.</div> <div> INFLOW.  The water discharged into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leader, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage.</div> <div> INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.</div> <div> INTERFERENCE. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore is a cause of a violation of the city's permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued hereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA), 42 USC 6901 et seq.; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act, 42 USC 7401 et seq.; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act, 33 USC 1401 et. seq.</div> <div> MAJOR CONTRIBUTOR.  A contributor that:</div> <div> (1)     Has a flow of more than 25,000 gallons per average workday.</div> <div> (2)     Has in its waste a toxic pollutant in toxic amounts as defined in Section 307(a) of the Federal Act or State Statutes and Rules.</div> <div> (3)     Has a flow greater than 5% of flow carried by the municipal system receiving the waste.</div> <div> (4)     Is found by the city, IDEM or the EPA to have significant impact, either singly, or in connection with other contributing industrial users, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.</div> <div> MAY.  Is permissive.</div> <div> MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.</div> <div> NATURAL OUTLET.  Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.</div> <div> NONCONTACT COOLING WATER. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.</div> <div> NORMAL DOMESTIC SEWAGE.  Shall have the same meaning as defined in Chapter 52.</div> <div> NPDES PERMIT.   National Pollutant Discharge Elimination System Permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of Public Law 95-217.</div> <div> PASS THROUGH. A discharge that exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.</div> <div> pH.  A measure of the acidity or alkalinity of a solution, expressed in standard units.</div> <div> POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater, such as, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor.</div> <div> PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.</div> <div> PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.</div> <div> PRIVATE SEWER.  A sewer which is not owned by the public authority.</div> <div> PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances.</div> <div> PUBLIC SEWER.  A sewer which is owned and controlled by the public authority and will consist of the following increments:</div> <div> (1)     COLLECTOR SEWER.  A sewer whose primary purpose is to collect wastewaters from individual point source discharges.</div> <div> (2)     FORCE MAIN. A pipe in which wastewater is carried under pressure.</div> <div> (3)     INTERCEPTOR SEWER.  A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.</div> <div> (4)     PUMPING STATION.  A station positioned in the public sewer system at which wastewater is pumped to a higher level.</div> <div> PUBLICLY OWNED TREATMENT WORKS or POTW. A "treatment works," as defined by Section 212 of the Act (33 USC § 1292) that is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant.</div> <div> SANITARY SEWAGE.  The combination of liquid and water-carried wastes discharged from toilet and other sanitary pumping facilities.</div> <div> SANITARY SEWER.  A sewer which carries sanitary and industrial wastes, and to which storm, surface and ground water are not intentionally admitted.</div> <div> SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.</div> <div> SEWAGE. Human excrement and gray water (household showers, dishwashing operations, and the like).</div> <div> SEWER.  A pipe or conduit for carrying sewage.</div> <div> SHALL.  Is mandatory.</div> <div> SLUG LOAD or SLUG. Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in § 51.01.</div> <div> STORM SEWER.  A sewer conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.</div> <div> STORM WATER. Water resulting from rain, melting or melted snow, hail, or sleet.</div> <div> SUPERINTENDENT.  The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.</div> <div> SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.</div> <div> USER OF INDUSTRIAL USER. A source of indirect discharge.</div> <div> WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential; dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. Water in which sewage has been discharged.</div> <div> WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.</div> <div> WATERCOURSE.  A natural or artificial channel for the passage of water either continuously or intermittently.</div> <div> (Ord. 500, passed 6-9-01; Am. Ord. 506, passed 9-24-01)</div> <bR> <div> § <B>51.05   CONFIDENTIAL INFORMATION.</B></div> <div> Information and data on a user obtained from reports, surveys, and from the Superintendent's inspection and sampling activities shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Superintendent, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report that might disclose trade secrets or secret processes must not be made available for inspection by the public, but must be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report.  Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.06  JUDICIAL ENFORCEMENT REMEDIES.</B></div> <div> (A)     Injunctive relief.  When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the Adams Circuit Court or the Adams Superior Court through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.</div> <div> (B)     Remedies nonexclusive.  The remedies provided for in this chapter are not exclusive. The Superintendent may take any, all, or any combination of these actions against a noncompliant user.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.07 PRETREATMENT CHARGES AND FEES.</B></div> <div> The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's Pretreatment Surveillance Program which may include:</div> <div> (A)     Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing a user's discharge, and reviewing monitoring reports submitted by users;</div> <div> (B)     Fees for reviewing and responding to accidental discharge procedures and construction;</div> <div> (C)     Fees for filing appeals; and</div> <div> (D)     Other fees as the city may deem necessary to carry out the requirements contained in this chapter. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> <B>GENERAL SEWER USE REQUIREMENTS</B></div> <div> § <B>51.15  PROHIBITED DISCHARGE STANDARDS.</B></div> <div> (A)     General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater that causes pass through or interference. These general prohibitions apply to all users of the POTW.</div> <div> (B)     Specific prohibitions.</div> <div> (1)     No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:</div> <div> (a)     Pollutants that create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140º F. (60º C.) using the test methods specified in 40 CFR 261.21;</div> <div> (b)     Wastewater having a pH less than 5.0 (or more than 12.5 see 40 CFR 261.22), or otherwise causing corrosive structural damage to the POTW or equipment;</div> <div> (c)     Solid or viscous substances in amounts that will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than four inches;</div> <div> (d)     Pollutants, including oxygen- demanding pollutants (BOD, and the like), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;</div> <div> (e)     Wastewater having a temperature greater than (110º F. (45º C.)), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater that causes the temperature at the introduction into the treatment plant to exceed 104º F. (40º C.);</div> <div> (f)     Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;</div> <div> (g)     Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems as defined in the Occupational Safety and Health Act, 29 USC 660 et seq.;</div> <div> (h)     Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with § 51.27;</div> <div> (i)     Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to quality of life, or to prevent entry into the sewers for maintenance or repair;</div> <div> (j)     Wastewater which imparts color that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impact color to the treatment plant's effluent, thereby violating the city's NPDES permit;</div> <div> (k)     Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;</div> <div> (l)     Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Superintendent;</div> <div> (m)     Sludges, screenings, or other residues from the pretreatment of industrial wastes;</div> <div> (n)     Medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit;</div> <div> (o)     Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;</div> <div> (p)     Detergents, surface-active agents, or other substances that may cause excessive foaming in the POTW; or</div> <div> (q)     Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 5% or any single reading over 10% of the lower explosive limit of the meter.</div> <div> (r)     Total phosphorus discharges. Phosphorus discharges to the publicly owned treatment works must be less than 7.0 mg/1 as to prevent excessive algae growth in the city wastewater treatment facility.</div> <div> (2)     Pollutants, substances, or wastewater prohibited by this section must not be processed or stored in such a manner that they could be discharged to the POTW.</div> <div> (C)     Other prohibitions regarding connections. All users shall comply with the following provisions regarding connections to the POTW:</div> <div> (1)     New construction which shall be a tributary to a combined sewer shall be designed by the user to minimize or delay inflow contribution to said combined sewer.</div> <div> (2)     No user shall make a new connection unless there is capacity available to all downstream sewers, lift stations, force mains and the sewage treatment plant, including capacity for BOD and SS.</div> <div> (3)     Except as otherwise provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.</div> <div> (4)     The owner of all homes, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located a public sanitary or combined sewer of the city is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that said public sewer is within 300 feet of the property line.</div> <div> (5)     No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Clerk-Treasurer.</div> <div> (6)     There shall be two  classes of building sewer permits: For residential and commercial service and for service to establishments producing material wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of $10 for a residential or commercial building permit and $25 for an industrial building sewer permit shall be paid to the Clerk-Treasurer at the time the application is filed.</div> <div> (7)     All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.</div> <div> (8)     A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.</div> <div> (9)     Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the inspector, to meet all requirements of this chapter.</div> <div> (10)     The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointly testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manuals of Practice No. 9 shall apply.</div> <div> (11)     Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.</div> <div> (12)     No person shall make connection of roof down spouts, basement drains, sump pumps, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.</div> <div> (13)     The connection of a building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.</div> <div> (14)     The applicant for the building sewer permit shall notify the said inspector when the building sewer is ready for inspection and connection to the public sewer. The construction shall be made under the supervision of the inspector or his representative.</div> <div> (15)     All excavations for building sewer in-stallations must be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.</div> <div> (16)     Unpolluted water from air conditioners, cooling, condensing systems or swimming pools shall be discharged to a storm sewer, where it is available or to a combined sewer approved by the city. Where a storm sewer is not available, discharge may be to a natural outlet approved by the city and by the State of Indiana. Where a storm sewer, combined sewer or natural sewer is not available, such unpolluted water may be discharged to a sanitary sewer pending written approval by the city.</div> <div> (Ord. 500, passed 6-9-01; Am. Ord. 506, passed 9-24-01)  Penalty, see § 51.99</div> <bR> <div> §<B> 51.16  LOCAL LIMITS.</B></div> <div> (A)     The following pollutant limits as threshold concentrations are established to protect against pass through and interference.</div> <div> (B)     No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits:  (a) signifies priority pollutants.</div> <div> (1)     Threshold concentrations of inorganic pollutants that are inhibitory to biological treatment processes.</div> <div> Limit  in mg/L Parts</div> <div> Pollutant                              Per Million (ppm)</div> <div> Ammonia                                   480</div> <div> Arsenic (a)                                   0.1</div> <div> Borate (boron)                                   0.05</div> <div> Cadmium (a)                                   10</div> <div> Calcium                                   2,500</div> <div> Chromium (hexavalent)                              0.25</div> <div> Chromium (a) (trivalent)                         50</div> <div> Copper (a)                                   0.5</div> <div> Cyanide (a)                                   0.1</div> <div> Iodine                                        10</div> <div> Iron                                        1,000</div> <div> Lead (a)                                   0.1</div> <div> Manganese                                   10</div> <div> Magnesium                                   50</div> <div> Mercury (a)                                   0.1</div> <div> Nickel (a)                                   0.25</div> <div> Phosphorus                                   7.0</div> <div> Silver                                        0.25</div> <div> Sodium & K                                   3,000</div> <div> Sulfate                                        500</div> <div> Sulfide                                        50</div> <div> Zinc (a)                                        0.08</div> <div> (2)     Threshold concentrations of organic pollutants that are inhibitory to biological treatment processes.</div> <div> Limit in mg/L Parts</div> <div> Pollutant                              Per Million (ppm)</div> <bR> <div> Alcohols</div> <div> allyl                                   19.5</div> <div> cortonyl                              500</div> <div> heptyl                                   500</div> <div> hexyl                                   1,000</div> <div> octyl                                   200</div> <div> propargyl                              500</div> <div> Chlorinated hydrocarbons</div> <div> chloroform                              10</div> <div> carbon tetrachlorid                         10</div> <div> methylene chloride                         100</div> <div> 1-2-dichloroethane                         1</div> <div> dichloropen (a)                              1</div> <div> hexachlorocyclohexane                         48</div> <div> pentachlorophenol (a)                         0.4</div> <div> tetrachloroethylene                         20</div> <div> 1,1,1-trichloroethane                         1</div> <div> tricholoroethhylene                         20</div> <div> trichlorofluoromethane (a)                    0.7</div> <div> trichlorotrifluoroethane (Freon)                    5</div> <div> allyl chloride                              180</div> <div> dichlorophen                              50</div> <div> oil and grease                              150</div> <div> acrylonitrile                              5</div> <div> thiourea                              0.075</div> <div> thioacetamid                              0.14</div> <div> aniline                                   0.65</div> <div> trinitrotoluene (TNT)                         20</div> <div> EDTA                                   25</div> <div> pyridine                              100</div> <div> Surfactants</div> <div> Nacconol                              200</div> <div> Ceepryn                              100</div> <div> benzidine                              5</div> <div> thiosemicarbazide                         0.18</div> <div> methyl isothiocyanate                         0.8</div> <div> allyl isotiocyanate                         1.9</div> <div> dithiooxamide                              1.1</div> <div> potassium tiocyanate                         300</div> <div> sodium methyl dithiocarbamate                    0.9</div> <div> sodium dimethyl dithiocarbamate               13.6</div> <div> dimethyl ammonium dimethyl dithiocarbamate          19.3</div> <div> sodium cyclopentamethylene dithiocarbamate          23</div> <div> piperidinium cyclopentamethylene ditiocarbamate     57</div> <div> methyl thiuronium sulfate                    6.5</div> <div> benzyl thiuronium chloride                    49</div> <div> tetramethyl thiuram  monosulphide               50</div> <div> tetramethyl thiuram disulfide                    30</div> <div> diallyl ether                              100</div> <div> dimethylparanitrosoaniline                    7.7</div> <div> guanidine caronae                         19</div> <div> skatole                                   16.5</div> <div> strychnine hydrochloride                    175</div> <div> 2-chloro-6- trichloromethylpyridine               100</div> <div> ethyl urethane                              250</div> <div> hydrazine                              58</div> <div> methylene blue                              100</div> <div> carbon disulfide                              35</div> <div> acetone                                   840</div> <div> 8-hydroxyquinoline                         73</div> <div> streptomycin                              400</div> <div> Anthracene                              500</div> <div> Benzene                              100</div> <div> 2-Chlorophenol                         5</div> <div> Dichlorobenzene                         5</div> <div> Dichlorophenol                              64</div> <div> Dimethylphenol                              50</div> <div> Dinitrotoluene                              5</div> <div> Diphenythydrazine                         5</div> <div> Ehylbenzene                              200</div> <div> Hexachlorobenzene                         5</div> <div> Naphthalene                              500</div> <div> Nitrobenzene                              30</div> <div> Phenathrene                              500</div> <div> Phenol                                   50</div> <div> Toluene                              200</div> <div> (C)     The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise.</div> <div> (Ord. 500, passed 6-9-01; Am. Ord. 506, passed 9-24-01)  Penalty, see § 51.99</div> <bR> <div> § <B>51.17  CITY'S RIGHT OR REVISION.</B></div> <div> The city reserves the right to establish more stringent standards or requirements on discharges to the POTW.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.18  DILUTION.</B></div> <div> No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute or adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard of requirement.</div> <div> (Ord. 500, passed 6-9-01)  Penalty, see § 51.99</div> <bR> <div> <B>PRETREATMENT OF WASTEWATE</B></div> <div> § <B>51.25  PRETREATMENT FACILITIES.</B></div> <div> Users must provide wastewater treatment as necessary to comply with this chapter and must achieve compliance with local limits and the prohibitions set out in § 51.15 within the time limitations specified by the Superintendent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.26  ADDITIONAL PRETREATMENT MEASURES.</B></div> <div> (A)     Whenever deemed necessary, the Superintendent may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this chapter.</div> <div> (B)     The Superintendent may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow.</div> <div> (C)     Grease, oil, and sand interceptors must be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except at such interceptors must not be required for residential users. All interception units must be of type and capacity approved by the Superintendent and must be located so as to be easily accessible for cleaning and inspection. Such interceptors must be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.</div> <div> (D)     Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.27  HAULED WASTEWATER.</B></div> <div> (A)     Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent, and at such times as are established by the Superintendent. Such waste must not violate §§ 51.15 through 51.18 or any other requirements established the city. The Superintendent may require septic tank waste haulers to obtain wastewater discharge permits.</div> <div> (1)     Where a public sanitary or combined sewer is not available under the provisions of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.</div> <div> (2)     Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. A permit and inspection fee of $230 shall be paid to the city at the time the application is filed.</div> <div> (3)     A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Superintendent.</div> <div> (4)     The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of 1DEM. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 10,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.</div> <div> (5)     At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in this chapter, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.</div> <div> (6)     The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.</div> <div> (7)     When a public sewer becomes available, the building sewer shall be connected to said sewer within 90 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.</div> <div> (8)     No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer.</div> <div> (B)     Industrial waste haulers may discharge loads only at locations designated by the Superintendent. No load may be discharged without prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.</div> <div> (Ord. 500, passed 6-9-01; Am. Ord. 506, passed 9-24-01)  Penalty, see § 51.99</div> <bR> <div> § <B>51.28  REPORTS OF POTENTIAL PROBLEMS.</B></div> <div> (A)     In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Superintendent of the incident. This notification must include the location of the discharge type of waste, concentration and volume, if known, and corrective actions taken by the user.</div> <div> (B)     A notice of at least 8½  by 11 inches must be permanently posted at the user's location where a discharge event is most likely to occur, advising employees whom to call in the event of a discharge described in division (A). The sign must identify the following:</div> <div> (1)     The facility name.</div> <div> (2)     The type of facility.</div> <div> (3)     All information reasonably necessary to legally notice a discharge event. Employees shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure as follows:</div> <div> (a)     List who they must contact including but not limited to the Superintendent of the POTW;</div> <div> (b)     The information above that must be provided to those contacted.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> <B>COMPLIANCE MONITORING</B></div> <div> § <B>51.35  RIGHT OF ENTRY; INSPECTION AND SAMPLING.</B></div> <div> The Superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.</div> <div> (A)     Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities.</div> <div> (B)     The Superintendent shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.</div> <div> (C)     The Superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at own expense. All devices used to measure wastewater flow and quality shall be calibrated yearly to ensure their accuracy.</div> <div> (D)     Any temporary or permanent obstruction to the safe and easy access of the facility to be inspected and/or sampled must be promptly removed by the user at the written or verbal request of the Superintendent and shall not be replaced. The costs of cleaning such access shall be born by the user.</div> <div> (E)     Unreasonable delays in allowing the Superintendent access to the user's premises is be a violation of this chapter.</div> <div> (Ord. 500, passed 6-9-01) Penalty, see § 51.99</div> <bR> <div> § <B>51.36  SEARCH WARRANTS.</B></div> <div> If the Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or order issued hereunder, or to protect the overall public health safety and welfare of the community, then the Superintendent may seek issuance of a search warrant from the Adams Circuit Court or the Adams Superior Court of Adams County, Indiana.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> <B>ADMINISTRATIVE ENFORCEMENT REMEDIES</B></div> <div> § <B>51.45  NOTIFICATION OF VIOLATION.</B></div> <div> When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter or order issued hereunder, the Superintendent may serve upon that user a written notice of violation. Within ten days of the receipt of this notice, the user shall submit to the Superintendent, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.46  COMPLIANCE ORDERS.</B></div> <div> When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specific time. If the user does not come into compliance within the time provided, sewer service may be discontinued. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.47  CEASE AND DESIST ORDERS.</B></div> <div> (A)     When the Superintendent finds that a user has violated, or continues to violate, any provisions of this chapter, or order issued hereunder, or that the user's past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:</div> <div> (1)     Immediately comply with all requirements; and</div> <div> (2)     Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or other action against the user.</div> <div> (B)     Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.48  ADMINISTRATIVE FINES.</B></div> <div> (A)     When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may fine such user in an amount not to exceed $2,500. Such fines shall be assessed on a per violation, per day basis.</div> <div> (B)     Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 12% per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.</div> <div> (C)     Users desiring to dispute such fines shall file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. The Superintendent may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.</div> <div> (D)     Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.49  WATER SUPPLY SEVERANCE.</B></div> <div> Whenever a user has violated or continues to violate any provision of this chapter, or order issued hereunder, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to the Superintendent its ability to comply.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> §<B> 51.50  EMERGENCY SUSPENSIONS.</B></div> <div> (A)     The Superintendent may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user's discharge, after notice and opportunity to respond, which threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.</div> <div> (1)     Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed.</div> <div> (2)     A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent prior to the date of any show cause or termination hearing.</div> <div> (B)     Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> <B>AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS</B></div> <div> § <B>51.60  UPSET.</B></div> <div> (A)     For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.</div> <div> (B)     An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of division (C) are met.</div> <div> (C)     A user who wishes to establish the affirmative defense of upset shall demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:</div> <div> (1)     An upset occurred and the user can identify the cause(s) of the upset;</div> <div> (2)     The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and</div> <div> (3)     The user has submitted the following information to the Superintendent within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days:</div> <div> (a)     A description of the indirect discharge and cause of noncompliance;</div> <div> (b)     The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and</div> <div> (c)     Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.</div> <div> (D)     In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.</div> <div> (E)     Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.</div> <div> (F)     Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standard upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.61  PROHIBITED DISCHARGE STANDARDS.</B></div> <div> A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 51.15(A) or the specific prohibitions in § 51.15(B)(3) through (B)(7) and § 51.15(B)(9) through (B)(17) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:</div> <div> (A)     A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or</div> <div> (B)     No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.62  BYPASS.</B></div> <div> (A)     For the purposes of this section:</div> <div> (1)     BYPASS means the intentional diversion of wastestreams from any portion of a user's treatment facility.</div> <div> (2)     SEVERE PROPERTY DAMAGE means substantial physical damage: to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.</div> <div> (B)     A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. Theses bypasses are not subject to the provision of divisions (C) and (D) of this section.</div> <div> (C)     (1)     If a user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent, at least ten days before the date of the bypass, if possible.</div> <div> (2)     A user shall submit oral notice to the Superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass the Superintendent may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.</div> <div> (D)     (1)     Bypass is prohibited, and the Superintendent may take an enforcement action against a user for a bypass, unless:</div> <div> (a)     Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;</div> <div> (b)     There were feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and</div> <div> (c)     The user submitted notices as required under division (C) of this section.</div> <div> (2)     The Superintendent may approve an anticipated bypass, after considering its adverse effects, if the Superintendent determined that it will meet the three conditions listed in division (D)(1) of this section.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> § <B>51.99  PENALTY.</B></div> <div> (A)     A user who has violated, or continues to violate, any provision of this chapter, or order issued hereunder, or any other requirement shall be liable to the city for a maximum civil penalty of a maximum of $2,500 but not less than $1,000 per violation, per day.</div> <div> (B)     The Superintendent may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.</div> <div> (C)     In determining the amount of civil liability, the court shall take into account all relevant circumstances, including the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.</div> <div> (D)     Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.</div> <div> (E)     This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.</div> <div> (Ord. 500, passed 6-9-01)</div> <bR> <div> <B>CHAPTER 52:  SEWER RATES</B></div> <div> Section</div> <bR> <div> Rates</div> <div> 52.01     Definitions</div> <div> 52.02     User classes</div> <div> 52.03     Determination of rates</div> <div> 52.04     Basis upon water use</div> <div> 52.05     Basis upon wastewater composition</div> <div> 52.06     Billing</div> <div> 52.07     Biennial review</div> <div> 52.08     By-laws and regulations</div> <div> 52.09     Inspection fee</div> <div> 52.10     Appeals</div> <div> 52.11     Special agreements</div> <div> 52.12     Annexation not required</div> <bR> <div> Availability Charge for Connection to Sewer System</div> <div> 52.25     Definitions</div> <div> 52.26     Connection charges</div> <div> 52.27     Equivalent dwelling units</div> <div> 52.28     Payment of connection charge</div> <div> 52.29     Violation</div> <bR> <div> <B>RATES</B></div> <div> § <B>52.01  DEFINITIONS.</B></div> <div> For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> AMMONIA or NH3-N.  Shall have the same meaning as defined in Chapter 51, Sewers.</div> <div> BOARD.  The Board of Public Works and Safety, or any duly authorized officials acting in its behalf.</div> <div> BOD or BIOCHEMICAL OXYGEN DEMAND.  Shall have the same meaning as defined in Chapter 51, Sewers.</div> <div> CBOD or CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND.  Shall have the same meaning as defined in Chapter 51, Sewers.</div> <div> CITY.  The City of Berne acting by and through the Board of Public Works and Safety.</div> <div> COD or CHEMICAL OXYGEN DEMAND.  Shall have the same meaning as defined in Chapter 51, Sewers.</div> <div> DEBT SERVICE COSTS.  The average annual principal and interest payments on all proposed revenue bonds or other long-term capital debt.</div> <div> EXCESSIVE STRENGTH SURCHARGE.  An additional charge which is billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.</div> <div> INDUSTRIAL WASTES. The wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences.</div> <div> NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PERMIT.  Shall have the same meaning as defined in Chapter 51, Sewers.</div> <div> NORMAL DOMESTIC SEWAGE.</div> <div> (1)     For the purpose of determining surcharges, shall mean wastewater or sewage having an average daily concentration as follows.</div> <div> (a)     S.S. not more 200 mg/l.</div> <div> (b)     BOD not more than 200 mg/l.</div> <div> (c)     Phosphorus not more than 15 mg/l.</div> <div> (2)     As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from industrial processes.</div> <div> OPERATION AND MAINTENANCE COST.  Includes all costs, direct and indirect, necessary to provide adequate wastewater collection, transport and treatment on a continuing basis and produce discharges to receiving waters that conform with all related federal, state and local requirements. These costs include replacement.</div> <div> OTHER SERVICE CHARGES.  Tap charges, connection charges, area charges, and other identifiable charges other than excessive strength surcharges.</div> <div> PERSON.  Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.</div> <div> PHOSPHORUS.  Shall have the same meaning as defined in Chapter 51, Sewers.</div> <div> REPLACEMENT COSTS.  The 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 the works were designed and constructed.</div> <div> SS or SUSPENDED SOLIDS.  Shall have the same meaning as defined in Chapter 51, Sewers.</div> <div> SHALL is mandatory; MAY is permissive.</div> <div> SEWAGE.  Shall have the same meaning as defined in Chapter 51, Sewers.</div> <div> SEWER USE ORDINANCE.  A separate and companion enactment to this chapter, which regulates the connection to and use of public and private sewers.</div> <div> USER CHARGE.  A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of the works pursuant to Section 204(b) of Public Law 92-500.</div> <div> USER CLASS.  The division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities, (i.e. residential, commercial, industrial, institutional, and governmental in the User Charge System).</div> <div> COMMERCIAL USER. Any establishment involved in a commercial enterprise, business or service which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.</div> <div> GOVERNMENTAL USER.  Any federal, state or local governmental user of the wastewater treatment works.</div> <div> INDUSTRIAL USER.  Any manufacturing or processing facility that discharges industrial waste to a wastewater treatment works.</div> <div> INSTITUTIONAL USER. Any establishment involved in a social, charitable, religious, and/or educational function which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.</div> <div> RESIDENTIAL USER.  A user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, and the like.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> §<B> 52.02  USER CLASSES.</B></div> <div> Every person whose premises are served by the sewage works shall be charged for the service provided. These charges are established for each user class, as defined, in order that the sewage works shall recover, from each user and user class, revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works. User charges shall be uniform in magnitude within a user class.</div> <div> (A)     User charges are subject to the rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal Register February 17, 1984 (40 CFR 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment.</div> <div> (B)     The various classes of users of the treatment works, for the purpose of this chapter, shall be as follows.</div> <div> Class I          Residential</div> <div> Commercial</div> <div> Governmental</div> <div> Institutional</div> <div> Industrial</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> § <B>52.03  DETERMINATION OF RATES.</B></div> <div> For the use of the service rendered by sewage works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the city sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewage system. Rates and charges include user charges, debt service costs, excessive strength surcharges and other service charges, which rates and charges shall be payable as hereinafter provided and shall be in an amount determined as follows.</div> <div> (A)     The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to the rates and charges as the same is measured by the water meter there in use, plus a base charge based on the size of water meter installed, except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read monthly and the users shall be billed each month (or period equaling a month). The water usage schedule on which the amount of the rates and charges shall be determined is as follows for all class I users:</div> <div> (1)     Treatment rate per 1,000 gallons of usage per month.</div> <div> Monthly Charge</div> <div> User          Debt          Total</div> <div> Charge     Service</div> <div> First 2,000 gallons               $1.60          $ 0.20          $1.80</div> <div> Over 2,000 gallons               $1.90          $1.20          $3.10</div> <div> plus:</div> <div> (2)     Base rate per month.</div> <div> Water Meter               User          Debt          Total</div> <div> Charge     Service</div> <div> 5/8-inch               $3.15          $1.15          $4.30</div> <div> ¾-inch                    $3.68          $1.62          $5.30</div> <div> 1-inch                    $5.12          $3.13          $8.25</div> <div> 1¼-inch               $6.94          $4.61          $11.55</div> <div> 1½-inch               $9.27          $6.88          $16.15</div> <div> 2-inch                    $14.62          $11.78          $26.40</div> <div> 3-inch                    $31.11          $26.94          $58.05</div> <div> 4-inch                    $53.90          $47.70          $101.60</div> <div> 6-inch                    $118.23     $106.02     $224.25</div> <bR> <div> (B)     For residential users of the sewage works that are unmetered water users, or if accurate meter readings are not available, the monthly charge shall be determined by equivalent single-family dwelling units, except as herein provided. Sewage service bills shall be rendered once each month, or period equaling a month. The schedule on which the rates and charges will be determined is as follows.</div> <div> Monthly Rate</div> <div> User          Debt</div> <div> Charge     Service     Total</div> <div> Residential: Single</div> <div> family dwelling unit               $11.51          $4.79          $16.30</div> <bR> <div> (C)     For the service rendered to the city, the city shall be subject to the same rates and charges established in harmony therewith.</div> <div> (D)     All users of the sewage works will be subject to the rates and charges herein, or established in harmony therewith.</div> <div> (E)     In order to recover the cost of monitoring industrial wastes, the city shall charge the user not less than $25 per sampling event plus the actual cost for collecting and analyzing the sample(s) as determined by the city or by an independent laboratory. This charge will be reviewed on the same basis as all other rates and charges in this chapter.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> § <B>52.04  BASIS UPON WATER USE.</B></div> <div> The quantity of water discharged into the sanitary sewage system and obtained from sources other than the utility that serves the city shall be determined by the city in a manner as the city shall reasonably elect, and the sewage service shall be billed at the above appropriate rates; except as provided in this section, the city may make proper allowances in determining the sewage bill for quantities of water shown on the records to be consumed, but which are also shown to the satisfaction of the city that those quantities do not enter the sanitary sewage system.</div> <div> (A)     In the event a lot, parcel of real estate or building other than a single-family dwelling unit discharging sanitary sewage, industrial wastes, water or other liquids into the city's sanitary sewage system, either directly or indirectly, is not a user of water supplied by the water utility serving the city, and the water used thereon or therein is not measured by a water meter, or is measured by a water meter not acceptable to the city, then the amount of water used shall be otherwise measured or determined by the city. In order to ascertain the rate or charge provided in this chapter, the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the city for the determination of sewage discharge.</div> <div> (B)     In the event a lot, parcel or real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the city's sanitary sewage system, either directly or indirectly, is a user of water supplied by the water utility serving the city, and in addition, is a user of water from another source which is not measured by a water meter or is measured by a meter not acceptable to the city, then the amount of water used shall be otherwise measured or determined by the city. In order to ascertain the rates or charges, the owner or other interested parties shall, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the city for the determination of sewage discharge.</div> <div> (C)     In the event two or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, water or other liquids into the city's sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each case, for billing purposes, the quantity of water used shall be averaged for each user and the base charge and the flow rates and charges shall apply to each of the number of residential lots, parcels of real estate or buildings served through the single water meter.</div> <div> (D)     In the event two or more dwelling units such as mobile homes, apartments or housekeeping rooms discharging sanitary sewage, water, or other liquids into the city's sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then billing shall be for a single service in the manner set out elsewhere herein, except that an additional units charge shall be added thereto, in the amount of $3.85 per month per dwelling unit over one served through the single water meter. In the case of mobile home courts, the number of dwelling units shall be computed and interpreted as the total number of mobile home spaces available for rent plus any other dwelling units served through a meter. A DWELLING UNIT shall mean a room or rooms or any other space or spaces in which cooking facilities are provided.</div> <div> (E)     In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the city's sanitary sewage system, either directly or indirectly, and uses water in excess of 25,000 gallons per month, and it can be shown to the satisfaction of the city that a portion of water as measured by the water meter or meters does not and cannot enter the sanitary sewage system, then the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the city for the determination of sewage discharge.</div> <div> (F)     In order that the domestic and residential users of sewage service shall not be penalized for sprinkling lawns during the months of June, July, August and September, the billing for sewage service for residences and/or domestic users for the months of June, July, August and September shall be based upon the average water usage billed for the previous billed months of October, November and December. Averages resulting in fractions of 100 gallons shall be raised to the next whole number of 100 gallons. In the event the water usage for the previous billed months of June, July, August and September, then the billing for sewage services shall be computed on the actual water used in the month for which the sewage service bill is being rendered.   Domestic and/or residential sewage service as applicable to the sprinkling rate shall not apply to each lot, parcel of real estate or building which is occupied and used as a residence. The sprinkling rate shall not apply to any premises which are partially or wholly used for commercial or industrial purposes. In the event a portion of the premises shall be used for the privilege of separating the water service so that the residential portion of the premises is served through a separate meter and in such case the water usage as registered by the water meter serving that portion of the premises used for residential purposes would qualify under the sprinkling rate.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> § <B>52.05  BASIS UPON WASTEWATER CONSUMPTION.</B></div> <div> In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the city shall base its charges not only on the volume, but also on strength and character of the stronger-than-normal domestic sewage and wastes which it is required to treat and dispose of. The city shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly into the sanitary sewage system, in the manner, by the method and at times as the city may deem practicable in light of the conditions and attending circumstances of the case, in order to determine the proper change. The user shall furnish a central sampling point available to the city at all times.</div> <div> (A)     Normal sewage domestic waste strength should not exceed a biochemical oxygen demand of 200 mg/l of fluid, suspended solids in excess of 200 mg/l of fluid, or phosphorus in excess of 15 mg/l of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis.</div> <div> (1)     Rate surcharge based upon suspended solids.  There shall be an additional charge of $0.17 per pound of suspended solids for suspended solids received in excess of 200 mg/l of fluid.</div> <div> (2)     Rate surcharge based upon BOD.  There shall be an additional charge of $0.13 per pound of biochemical oxygen demand for BOD received in excess of 200 mg/l of fluid.</div> <div> (3)     Rate surcharge based upon phosphorus. There shall be an additional charge of $2.32 per pound of phosphorus received in excess of 15 mg/l of fluid.</div> <div> (B)     The determination of suspended solids, biochemical oxygen demand and phosphorus contained in the waste shall be in accordance with the latest copy of Standard Methods for the Elimination of Water, Sewage and Industrial Wastes, as written by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, and in accordance with “Guidelines Establishing Test Procedures for Analysis of Pollutants,” 40 CFR 136.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> § <B>52.06  BILLING.</B></div> <div> Rates and charges shall be prepared, billed and collected by the city in the manner provided by law and ordinance.</div> <div> (A)     The rates and charges for all users shall be prepared and billed monthly. Annually, each user shall be notified of the portion of the total billing charged for operation, maintenance and replacement for that user during the preceding year, in conjunction with a regular billing.</div> <div> (B)     (1)     The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but the billing shall in no way relieve the owner from the liability in the event payment is not made as herein required.</div> <div> (2)     The owners or properties served, which are occupied by a tenant or tenants, shall have the right to examine the collection records of the city for the purpose of determining whether bills have been paid by the tenant or tenants, provided that examination shall be made at the office at which the records are kept and during the hours that the office is open for business.</div> <div> (C)     As is provided by statute, all rates and charges not paid by the date designated on the bill are declared to be delinquent and a penalty of 10% of the amount of the rates and charges shall thereupon attach thereto.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> § <B>52.07  BIENNIAL REVIEW.</B></div> <div> (A)     In order that the rates and charges for sewage services may remain in proportion to the cost of providing services to the various users of user classes, the city shall cause a study to be made within a reasonable period of time following the first two years of operation, following the date on which this chapter goes into effect. The study shall include, but not be limited to, an analysis of the cost associated with the treatment of excessive strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users or user classes, the financial position of the sewage works and the adequacy of its revenue to provide reasonable funds for the operation and maintenance, replacements, debt service requirements and capital improvements to the wastewater treatment systems.</div> <div> (B)     Thereafter, on a biennial basis, within a reasonable period of time following the normal accounting period, the city shall cause a similar study to be made for the purpose of reviewing the fairness, equity and proportionality of the rates and charges for sewage services on a continuing basis. The studies shall be conducted by officers or employees of the city or by a firm of certified public accountants, or a firm of consulting engineers, which firms shall have experience in such studies, or by a combination of officers, employees, certified public accountants or engineers as the city shall determine to be best under the circumstances. The city shall, upon completion of the study, revise and adjust the rates and charges as necessary, in accordance therewith in order to maintain the proportionality and sufficiency of the rates.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> § <B>52.08  BY-LAWS AND REGULATIONS.</B></div> <div> (A)     The city shall make and enforce by-laws and regulations as may be deemed necessary for the safe, economical and efficient management of the city's sewage system, pumping stations and sewage treatment works, for the construction and use of house sewers and connections to the sewage treatment works, the sewage collection system, and for the regulation, collection and rebating and refunding of rates and charges.</div> <div> (B)     The city is authorized to prohibit dumping of wastes into the city's sewage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of the city, or to require method affecting pretreatment of wastes to comply with the pretreatment standards included in the National Pollutant Discharge Elimination System (NPDES) permit issued to the sewage works or as contained in the EPA General Pretreatment Regulations, 40 CFR 403, and any amendments thereto, or the city's pretreatment program plan.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> § <B>52.09  INSPECTION FEE.</B></div> <div> The owner of any lot, parcel of real estate or building connecting to the sewage works shall, prior to being permitted to make a connection, pay an inspection fee in the amount of $10 for each connection.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> § <B>52.10  APPEALS.</B></div> <div> The rules and regulations promulgated by the city, after approval by the Common Council shall, among other things, provide for an appeal procedure, whereby a user shall have the right to appeal a decision of the administrator of the sewage system and user charge system to the Common Council, and that any decision of the Common Council concerning the sewage system or user charges may be appealed to the circuit court of the county under the appeal procedures provided for in the Indiana Administrative Adjudication Act.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> § <B>52.11  SPECIAL AGREEMENTS.</B></div> <div> The Board is further authorized to enter into special rate contracts with customers of the sewage works where clearly definable reduction in cost to the sewage works can be determined, and the reduction shall be limited to the reduced costs.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> § <B>52.12  ANNEXATION NOT REQUIRED.</B></div> <div> Annexation is not a prerequisite for service by the sewage works or treatment of sewage.</div> <div> (Ord. 368, passed 3-12-90; Am. Ord. 491, passed 11-13-00)</div> <bR> <div> <B>AVAILABILITY CHARGE FOR CONNECTION TO SEWER SYSTEM</B></div> <div> § <B>52.25  DEFINITIONS.</B></div> <div> For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> CONNECTION CHARGE.  A charge or payment required of an owner, subdivider, developer or other person for the privilege of connecting, either directly or indirectly, to the municipal sewer facility. The charge may be made on the basis of the area of the property to be served, the equivalent dwelling units to be served, or otherwise as determined by the city.</div> <div> EQUIVALENT DWELLING UNIT. The monthly sewage revenue from the potential customer divided by the average monthly charge to single- family dwelling units as provided under metered rates and charges.</div> <div> (`84 Code, § 9-12)  (Ord. 227, passed 1-11-77)</div> <bR> <div> §<B> 52.26  CONNECTION CHARGES.</B></div> <div> (A)     Except as hereinafter set forth, the city shall collect from the owner, subdivider, developer, or other user, a connection charge which shall not be less than the maximum of the following.</div> <div> (1)     Per equivalent dwelling unit:  $230.</div> <div> (2)      Per acre of area on which the unit or structure is situated:  $300.</div> <div> (3)     Per lineal foot of property abutting the street or right-of-way in which sewers are located:  $3.</div> <div> (B)     Notwithstanding anything to the contrary, dwelling units presently maintaining septic tank systems and currently contributing to the municipal sewer facilities through the payment of sewage rates shall not be charged or required to make payment for the privilege of connecting onto the municipal sewer facility.</div> <div> (`84 Code, § 9-13)  (Ord. 227, passed 1-11-77)</div> <bR> <div> § <B>52.27  EQUIVALENT DWELLING UNITS.</B></div> <div> The connection charge to be charged any owner, subdivider, developer, or other user shall be determined as set forth in § 52.26, except for the following users, who shall be charged based upon the equivalent dwelling units as follows:</div> <div> User                    Equivalent Dwelling Unit</div> <div> Single-family     1.0</div> <div> dwelling unit</div> <div> Condominium      1.0</div> <div> dwelling unit</div> <bR> <div> Duplexes and     .75 per dwelling unit</div> <div> apartment houses</div> <bR> <div> Mobile home courts     .75 per mobile home space</div> <bR> <div> Retail establishments,     1.0   1-3 employees</div> <div> professional offices,      2.0   4-8 employees</div> <div> governmental offices      3.0   9-15 employees</div> <div> and similar     1.0 for each additional 10</div> <div> establishments     employees or fraction thereof</div> <bR> <div> Gasoline service stations     2.0</div> <bR> <div> Laundromats     .7 per washer</div> <bR> <div> Nursing homes     .4 per bed</div> <bR> <div> Hotels and motels      .3 per room</div> <div> without restaurant facilities</div> <bR> <div> Lodges, veterans      1.0 for each 200 members</div> <div> organizations, churches      or fraction thereof</div> <div> and similar organizations</div> <div> without eating or drinking</div> <div> facilities</div> <bR> <div> Restaurants, taverns,      1.0   1-2 employees</div> <div> and similar      2.0   3-5 employees</div> <div> establishments     1.0    for each 4</div> <div> employees or fraction thereof</div> <div> (`84 Code, § 9-14)  (Ord. 227, passed 1-11-77; Am. Ord. 383, passed 2-11-91)</div> <bR> <div> § <B>52.28  PAYMENT OF CONNECTION CHARGE.</B></div> <div> (A)     Payment of any connection charge under this subchapter shall be made prior to or at the time the user obtains the written permit from the Clerk-Treasurer for the sewer connection.</div> <div> (B)     No connection permit shall be issued by the Clerk-Treasurer's office without first having obtained full payment of the connection charges assessed under this subchapter.</div> <div> (C)     Payment shall be made at the Clerk- Treasurer's office.</div> <div> (`84 Code, § 9-15)  (Ord. 227, passed 1-11-77)</div> <bR> <div> §<B> 52.29  VIOLATION.</B></div> <div> Any person found to have connected into the municipal sewage facilities without first having made full payment of the connection charges under this subchapter shall be guilty of a misdemeanor.</div> <div> (`84 Code, § 9-16)  (Ord. 227, passed 1-11-77)  Penalty, see § 10.99</div> <bR> <div> <B>CHAPTER 53:  WATER</B></div> <div> Section</div> <bR> <div> 53.01     Monthly billing periods</div> <div> 53.02     Metered rates</div> <div> 53.03     Minimum monthly charge</div> <div> 53.04     Multiple users</div> <div> 53.05     Collection and deferred payment charges</div> <div> 53.06     Fire hydrants</div> <div> 53.07     Automatic sprinklers</div> <div> 53.08     Connection charge</div> <div> 53.09     Reconnection charge</div> <div> Statutory reference:</div> <div> Authority to establish, maintain, and operate waterworks, see I.C. 36-9-2-14</div> <bR> <div> § <B>53.01  MONTHLY BILLING PERIODS.</B></div> <div> The rates and charges established for the use of and the service rendered by the Waterworks System shall be based upon the amount of water supplied during each monthly billing period.</div> <div> (`84 Code, § 9-1)  (Ord. 270, passed 11-18-80; Am. Ord. 490, passed 11-13-00)</div> <bR> <div> § <B>53.02  METERED RATES.</B></div> <div> Monthly Usage     Rate Per 1,000 Gallons</div> <div> First 2,000 gallons          $2.65</div> <div> Next 8,000 gallons          $2.12</div> <div> Next 30,000 gallons          $1.84</div> <div> Next 60,000 gallons          $1.61</div> <div> Next 100,000 gallons          $1.38</div> <div> Next 300,000 gallons          $1.15</div> <div> Next 500,000 gallons          $.92</div> <div> (`84 Code, § 9-2)  (Ord. 270, passed 11-18-80; Am. Ord. 490, passed 11-13-00)</div> <bR> <div> § <B> 53.03  MINIMUM MONTHLY CHARGE.</B></div> <div> Meter Size     Rate Per Month</div> <div> -inch          $5.30</div> <div> ¾-inch          $6.35</div> <div> 1-inch          $9.20</div> <div> 1¼-inch     $13.80</div> <div> 1½-inch     $17.25</div> <div> 2-inch          $28.75</div> <div> 3-inch          $63.25</div> <div> 4-inch          $103.50</div> <div> 6-inch          $218.45</div> <div> (`84 Code, § 9-3)  (Ord. 270, passed 11-18-80; Am. Ord. 490, passed 11-13-00)</div> <bR> <div> § <B>53.04  MULTIPLE USERS.</B></div> <div> For each customer over one on a single meter the charge shall be $2.65.</div> <div> (`84 Code, § 9-4)  (Ord. 270, passed 11-18-80; Am. Ord. 490, passed 11-13-00)</div> <bR> <div> § <B>53.05  COLLECTION AND DEFERRED PAYMENT CHARGES.</B></div> <div> All bills for water service not paid within 15 days from the due date, as stated in the bills, shall be subject to the collection of deferred payment charge of 10% on the first $3 of unpaid billing and 3% on the excess over $3.</div> <div> (`84 Code, § 9-5)   (Ord. 270, passed 11-18-80; Am. Ord. 490, passed 11-13-00)</div> <bR> <div> § <B>53.06  FIRE HYDRANTS.</B></div> <div> Municipal hydrants:$322 per hydrant per annum</div> <div> Private hydrants:     $322 per hydrant per annum</div> <div> (`84 Code, § 9-6)  (Ord. 270, passed 11-18-80; Am. Ord. 490, passed 11-13-00)</div> <bR> <div> §<B> 53.07  AUTOMATIC SPRINKLERS.</B></div> <div> Size                    Rate Per Year</div> <div> 2-inch connection          $23.00</div> <div> 3-inch connection          $51.75</div> <div> 4-inch connection          $92.00</div> <div> 6-inch connection          $322.00</div> <div> 8-inch connection          $368.00</div> <div> 10-inch connection          $575.00</div> <div> 12-inch connection          $828.00</div> <div> (`84 Code, § 9-7)  (Ord. 270, passed 11-18-80; Am. Ord. 490, passed 11-13-00)</div> <bR> <div> § <B>53.08  CONNECTION CHARGE.</B></div> <div> Size          Charge</div> <div> ¾-inch tap     $210</div> <div> 1-inch tap     $255</div> <div> Larger than     Actual cost of labor,</div> <div> 1-inch tap     material and equipment,</div> <div> but not less than $225</div> <div> (`84 Code, § 9-8)  (Ord. 270, passed 11-18-80; Am. Ord. 490, passed 11-13-00)</div> <bR> <div> § <B>53.09  RECONNECTION CHARGE.</B></div> <div> Any person, firm, corporation, partnership or association who shall hereafter request a reconnection into the water system for the city shall pay a reconnection charge in the amount of $10 prior to reconnection into the water system.</div> <div> (Ord. 324, passed 6-24-85)</div> </td> <td valign="top" rowspan="2" width=40 BGCOLOR="#000000" TEXT="#F7F7FF"> <bR> </td> </tr><tr> <td valign="top" height=20 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <B>©2008 </B><A HREF="http://sparksdesign.googlepages.com/" TARGET="_top" TITLE="http://sparksdesign.googlepages.com/"><U><B>Sparks Design of Berne</B></U></A><B>. All rights reserved. 356 W Main Street, Berne, Indiana 46711</B></div> <bR> </td> </tr></table></body>