TITLE III: ADMINISTRATION Chapter 30. COMMON COUNCIL 31. CITY OFFICIALS AND EMPLOYEES 32. DEPARTMENTS, BOARDS AND COMMISSIONS 33. PUBLIC RECORDS 34. FINANCE AND REVENUE; TAXATION 35. CITY POLICIES 2 Mitchell - Administration CHAPTER 30: COMMON COUNCIL Section 30.01 Council districts § 30.01 COUNCIL DISTRICTS. (A) This city shall hereby be governed by IC 36-4-6-5 rather than IC 36-4-6-4. (B) The four districts of the city shall be as follows: (1) District Number One shall be and include all that part of the city lying south of the center of Main Street and west of the center of 6th Street. (2) District Number Two shall be and include all that part of the city lying north of the center of Main Street and west of the center of 7th Street. (3) District Number Three shall be and include all that part of the city lying north of the center of Main Street and east of the center of 7th Street. (4) District Number Four shall be and include all that part of the city lying south of the center of Main Street and east of the center of 6th Street. (Ord. 8-1982, passed 8-30-82; Am. Ord. 11-1982, passed 12-6-82; Am. Ord. 7-1992, passed 12-21-92) TITLE V: PUBLIC WORKS Chapter 50. SEWERS 51. WATERWORKS SYSTEM 2 Mitchell - Public Works CHAPTER 50: SEWERS Section General Provisions 50.001 Definitions 50.002 Depositing objectionable wastes on public or private property 50.003 Discharge of wastewater or other polluted waters to natural outlets 50.004 Privies, septic tanks and other facilities 50.005 Owner's responsibility to install suitable toilet facilities 50.006 Destroying or tampering with municipal sewage works 50.007 Right of entry for purpose of inspection, indemnification; easements Private Sewage Disposal System 50.020 Connecting building power to private sewage disposal system 50.021 Written permit to be obtained 50.022 Inspection and approval of installation 50.023 Compliance with state board of health 50.024 Connecting private sewage disposal system to public sewer 50.025 Maintenance of private sewage disposal facilities 50.026 Noninterference with additional requirements 50.027 Connecting builder sewer to public sewer Building Sewer and Connections 50.040 Connection permit required 50.041 Building sewer permits 50.042 Costs and expenses of installation and connection of building sewer; indemnification 50.043 Separate building sewer provided for every building 50.044 Use of old building sewers with new buildings 50.045 Size, slope, alignment and laying of building sewer; conformance with regulations 50.046 Elevation of building sewer below basement floor; gravity flow 50.047 Connection of sources of surface runoff or groundwater 50.048 Connection of building sewer into public sewer; conformance 50.049 Inspection of connection to public sewer 50.050 Excavations Mitchell - Public Works Use of Public Sewers 50.060 Discharge of stormwater and other unpolluted drainage 50.061 Prohibited discharges to public sewers 50.062 Pretreatment, equalization of waste flows 50.063 Preliminary treatment facilities; maintenance and operation 50.064 Control manhole; measurements, tests and analyses 50.065 Industrial wastes; special agreement Pretreatment of Wastes 50.070 Conformance with city and subsequent state or federal rules and regulations 50.071 Pretreatment or control facilities; submission of plans, specifications and other information 50.072 Discharging unpolluted water into storm or combined sewer 50.073 Industrial cooling water 50.074 Wastewater flows and characteristics; information 50.075 Determination of strength of waste waters 50.076 Grease, oil and sand interceptors 50.077 Notification of unusual flows or waste 50.078 Compliance with state or federal requirements Rates and Charges 50.090 Definitions 50.091 Charges for services provided; user class 50.092 Establishment of sewage rates and charges 50.093 Determination of charges; installation of measuring devices 50.094 Charges based not only on volume but strength and character 50.095 Method of billing; delinquent payment; penalty 50.096 Study of rates and charges for sewage services 50.097 Bylaws and regulations enforced; no free service 50.098 Special rate contracts 50.099 Appeal procedure 50.100 Meter deposit 50.101 Tap charge 50.102 Returned check charge Enforcement 50.110 Notice of violation 50.111 Violator shall be liable to city for expenses 50.112 Appeal procedure 50.999 Penalty Sewers 5 GENERAL PROVISIONS § 50.001 DEFINITIONS. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen expressed in mg/l utilized in the biochemical oxidation of organic matter under standard laboratory procedures with nitrification inhibition in five days at 20°C. BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning three (3) feet outside the building wall. (1) SANITARY. A building drain which conveys sanitary or industrial sewage only. (2) STORM. A building drain which conveys stormwater or other clearwater drainage, but no wastewater. BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. (Also called house connection.) (1) SANITARY. A building sewer which conveys sanitary or industrial sewage only. (2) STORM. A building sewer which conveys stormwater or other clearwater drainage, but no sanitary or industrial sewage. COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water. COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants which may be considered compatible include: (1) Chemical oxygen demand; (2) Total organic carbon; (3) Phosphorus and phosphorus compounds; (4) Nitrogen and nitrogen compounds; and 6 Mitchell - Public Works (5) Fats, oils, and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works). EASEMENT. An acquired legal right for the specific use of land owned by others. FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution. FLOATABLE OIL. Oil, fat, or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the city. GARBAGE. Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce. INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids. INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade, or business as distinct from employee wastes or wastes from sanitary conveniences. 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. (INFILTRATION does not include and is distinguished from inflow.) INFILTRATION/ INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source. INFLOW. The water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, 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 run-off, street wash waters or drainage. (INFLOW does not include, and is distinguished from, infiltration.) INSPECTOR. The person or persons duly authorized by the city, through its Board of Public Works, to inspect and approve the installation of building sewers and their connection to the public sewer system. MAJOR CONTRIBUTING INDUSTRY. An industry that: (1) Has a flow of 50,000 gallons or more per average work day; (2) Has a flow greater than 5% of the flow carried by the municipal system receiving the waste; (3) Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) or PL 92-500; or Sewers 7 (4) Has a significant impact, either singly or in combination with other contributing industries, on a treatment works or on the quality of effluent from that treatment works. NPDES PERMIT. A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewater to the navigable waters of the United States pursuant to Section 402 of PL 92-500. NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater. NORMAL DOMESTIC SEWAGE. Has the same meaning as defined in the Sewage Rate Ordinance. pH. The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. PERSON. Any individual, firm, company, association, society, corporation, group or other entity. PRETREATMENT. The treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works. PRIVATE SEWER. A sewer which is not owned by a public authority. PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch in any dimension. PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments: (1) COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewater from individual point source discharges. (2) FORCE MAIN. A pipe in which wastewater is carried under pressure. (3) INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility. (4) PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level. SANITARY SEWER. A sewer which carries sanitary and industrial wastes, and to which storm, surface, and ground water are not intentionally admitted. 8 Mitchell - Public Works SEWAGE. The combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, (including polluted cooling water). The three most common types of sewage are: (1) COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, stormwater, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer. (2) 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 that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water). (3) SANITARY SEWAGE. The combination of liquid and water carried wastes discharged from toilet and other sanitary plumbing facilities. SEWAGE WORKS. The structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids. SEWER. A pipe or conduit for carrying sewage. SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 10 minutes more than three times the average 24 hours concentration of flows during normal operation and shall adversely affect the collection system. STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the Examination of Water and Wastewater,” prepare and published jointly by the American Public Health Association, The American Water Works Association and the Water Pollution Control Federation. STORM SEWER. A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted. SUPERINTENDENT. The Superintendent of the Municipal Sewage Works of the city, or his authorized deputy, agent or representative. SUSPENDED SOLIDS or S.S. Solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids and which are removable by laboratory filtering under standard laboratory procedure. TOTAL SOLIDS. The sum of suspended and dissolved solids. TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism, will cause adverse effects, such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 307 (a) of PL 92-500. Sewers 9 UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided. VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 55°C for 15 to 20 minutes. WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently. (Ord. 4-1988, passed 10-10-88) § 50.002 DEPOSITING OBJECTIONABLE WASTES ON PUBLIC OR PRIVATE PROPERTY. (A) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property with the city or in any area under the jurisdiction of the city any human or animal excrement, garbage, or other objectionable waste. (B) No person shall place, deposit, or permit to be deposited ln any unsanitary manner on public or private property within the jurisdiction of the city any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES Permit. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.003 DISCHARGE OF WASTEWATER OR OTHER POLLUTED WATERS TO NATURAL OUTLETS. No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES Permit. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.004 PRIVIES, SEPTIC TANKS AND OTHER FACILITIES. Except as hereinafter 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. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.005 OWNER'S RESPONSIBILITY TO INSTALL SUITABLE TOILET FACILITIES. The owner of all houses, 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 10 Mitchell - Public Works public sewer in accordance with the provisions of this chapter, within 90 days after the date of official notice to do so, provided that said public sewer is within 300 feet of the property line. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.006 DESTROYING OR TAMPERING WITH MUNICIPAL SEWAGE WORKS. No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the municipal sewage works. Any person violating this chapter shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.007 RIGHT OF ENTRY FOR PURPOSE OF INSPECTION, INDEMNIFICATION; EASEMENTS. (A) The Superintendent, Inspector and other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Superintendent or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (B) While performing the necessary work on private properties referred to in division (A) above, the Superintendent, or duly authorized employees of the city, shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 50.054(B). (C) The Superintendent, and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 Sewers 11 PRIVATE SEWAGE DISPOSAL SYSTEM § 50.020 CONNECTING BUILDING SEWER TO PRIVATE SEWAGE DISPOSAL SYSTEM. Where a public sanitary or combined sewer is not available under the provisions of § 50.005, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter. (Ord. 4-1988, passed 10-10-88) § 50.021 WRITTEN PERMIT TO BE OBTAINED. 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 $25 shall be paid to the city at the time the application is filed. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.022 INSPECTION AND APPROVAL OF INSTALLATION. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He 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 24 hours of the receipt of notice by the Superintendent. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.023 COMPLIANCE WITH STATE BOARD OF HEALTH. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the State Board of Health. 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 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.024 CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER. At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in § 50.023, 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. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 12 Mitchell - Public Works § 50.025 MAINTENANCE OF PRIVATE SEWAGE DISPOSAL FACILITIES. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.026 NONINTERFERENCE WITH ADDITIONAL REQUIREMENTS. No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the Health Officer. (Ord. 4-1988, passed 10-10-88) § 50.027 CONNECTING BUILDER SEWER TO PUBLIC SEWER. When a public sewer becomes available, the building sewer shall be connected to said sewer within 60 days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 BUILDING SEWER AND CONNECTIONS § 50.040 CONNECTION PERMIT REQUIRED. No unauthorized person shall uncover, make any connections with or opening into, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Clerk-Treasurer. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.041 BUILDING SEWER PERMITS. There shall be two classes of building sewer permits: (A) For residential and commercial service; and (B) For service to establishments producing industrial 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 judgement of the Inspector. A permit and inspection fees of $10 for a residential or commercial Sewers 13 building sewer permit and $25 for an industrial building sewer permit shall be paid to the Clerk-Treasurer at the time the application is filed. (Ord. 4-1988, passed 10-10-88) § 50.042 COSTS AND EXPENSES OF INSTALLATION AND CONNECTION OF BUILDING SEWER; INDEMNIFICATION. (A) All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. (B) 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. (Ord. 4-1988, passed 10-10-88) § 50.043 SEPARATE BUILDING SEWER PROVIDED FOR EVERY BUILDING. 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. (Ord. 4-1988, passed 10-10-88) § 50.044 USE OF OLD BUILDING SEWERS WITH NEW BUILDINGS. 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. (Ord. 4-1988, passed 10-10-88) § 50.045 SIZE, SLOPE, ALIGNMENT AND LAYING OF BUILDING SEWER; CONFORMANCE WITH REGULATIONS. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. FD-5 shall apply. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 14 Mitchell - Public Works § 50.046 ELEVATION OF BUILDING SEWER BELOW BASEMENT FLOOR; GRAVITY FLOW. 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. (Ord. 4-1988, passed 10-10-88) § 50.047 CONNECTION OF SOURCES OF SURFACE RUNOFF OR GROUNDWATER. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface run-off or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.048 CONNECTION OF BUILDING SEWER INTO PUBLIC SEWER; CONFORMANCE. The connection of the 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 the A.S.T.M. and the W.P.C.F. Manual of Practice No. FD-5. 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. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.049 INSPECTION OF CONNECTION TO PUBLIC SEWER. The applicant for the building sewer permit shall notify the Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Inspector or his representative. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.050 EXCAVATIONS. All excavations for building sewer installation shall 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. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 Sewers 15 USE OF PUBLIC SEWERS § 50.060 DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE. (A) No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly: stormwater, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water, or unpolluted industrial process water. The city shall require the removal of unpolluted waters from any wastewater collection or treatment facility if such removal is cost-effective and is in the best interest of all users of those facilities. (B) Stormwater, surface water, ground water, roof run-off, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. No person shall use such sewers, however, without the specific permission of the city. No new connection shall be made to any sanitary combined or storm sewer unless there is capacity available in all downstream sewers, lift stations, force mains, and the sewage treatment plant including capacity for BOD and suspended solids. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.061 PROHIBITED DISCHARGES TO PUBLIC SEWERS. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: (A) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. (B) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant. (C) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works or interfere with any treatment process. (D) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to; ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper, dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (E) Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, 16 Mitchell - Public Works after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction of such discharge to the receiving waters. (F) Any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations. (G) Any waters or wastes having pH in excess of 9.5. (H) Materials which exert or cause: (1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). (2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). (3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein. (I) Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.062 PRETREATMENT, EQUALIZATION OF WASTE FLOWS. (A) If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 50.051 of this chapter, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may: (1) Require new industries (or other large users) or industries (or other large users) with significant increase in discharges to submit information on wastewater quantities and characteristics and obtain prior approval for discharges. (2) Reject the wastes in whole or in part for any reason deemed appropriate by the city. (3) Require pretreatment of such wastes to within the limits of normal sewage as defined. Sewers 17 (4) Require control or flow equalization of such wastes so as to avoid any slug loads or excessive loads that may be harmful to the treatment works, or (5) Require payment of a surcharge on any excessive flows or loadings discharged to the treatment works to cover the additional costs of having capacity for and treating such wastes. (B) If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 4-1988, passed 10-10-88) § 50.063 PRELIMINARY TREATMENT FACILITIES; MAINTENANCE AND OPERATION. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 4-1988, passed 10-10-88) § 50.064 CONTROL MANHOLE; MEASUREMENTS, TESTS AND ANALYSES. (A) When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained so as to be safe and accessible at all times. Agents of the city, the State Water Pollution Control Agencies, and the U.S. Environmental Protection Agency shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing. (B) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole, except for applications for NPDES permits and report thereof which shall be conducted in accordance with rules and regulations adopted by the USEPA (40 CFR Part 136). In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole ln the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a 24 hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD 1997 S-1 Repl. 18 Mitchell - Public Works and suspended solids analyses are obtained from 24 hour composites of all outfalls whereas pH's are determined from periodic grab samples. (Ord. 4-1988, passed 10-10-88) Penalty, see § 50.999 § 50.065 INDUSTRIAL WASTES; SPECIAL AGREEMENT. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby a compatible industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern, at such rates as are compatible with the rate ordinance. (Ord. 4-1988, passed 10-10-88) PRETREATMENT OF WASTES § 50.070 CONFORMANCE WITH CITY AND SUBSEQUENT STATE OR FEDERAL RULES AND REGULATIONS. Pretreatment of industrial wastes from major contributing industries prior to discharge to the treatment works is required and is subject to the Rules and Regulations adopted by the United States Environmental Protection Agency (USEPA) (40 CFR Part 403), and “Guidelines Establishing Test Procedures for Analysis of Pollutants” (40 CFR Part 136), in addition to any more stringent requirements established by the city and any subsequent state or federal guidelines and rules and regulations. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.071 PRETREATMENT OR CONTROL FACILITIES; SUBMISSION OF PLANS, SPECIFICATIONS AND OTHER INFORMATION. Plans, specifications, and any other pertinent information relating to pretreatment or control facilities shall be submitted for approval of the city. No construction of such facilities shall be commenced until approval in writing is granted. Where such facilities are provided, there shall be maintained continuously in satisfactory and effective operating order by the owner at his expense and shall be subject to periodic inspection by the city to determine that such facilities are being operated in conformance with applicable federal, state and local laws and permits. The owner shall maintain operating records and shall submit to the city a monthly summary report of the character of the influent and effluent to show the performance of the treatment facilities and for comparison against city monitoring records. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 1997 S-1 Repl. Sewers 19 § 50.072 DISCHARGING UNPOLLUTED WATER INTO STORM OR COMBINED SEWER. 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. 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. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.073 INDUSTRIAL COOLING WATER. Industrial cooling water, which may be polluted with insoluble oils or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water shall be discharged in accordance with § 50.062. (Ord. 4-1988, passed 10-10-88) § 50.074 WASTEWATER FLOWS AND CHARACTERISTICS; INFORMATION. The city may require users of the treatment works, other than residential users, to supply pertinent information on wastewater flows and characteristics. Such measurements, tests, and analysis shall be made at the users' expense. If made by the city, an appropriate charge may be assessed to the user at the option of the city. (Ord. 4-1988, passed 10-10-88) § 50.075 DETERMINATION OF STRENGTH OF WASTE WATERS. The strength of wastewater shall be determined, for periodic establishment of charges provided for in the Rate Ordinance, from samples taken at the aforementioned structure at any period of time and of such duration and in such manner as the city may elect, or, at any place mutually agreed upon between the user and the city. Appropriate charges for sampling and analysis may be assessed to the user at the option of the city. The results of routine sampling and analysis by the user may also be used, for determination of charges, after verification by the city. (Ord. 4-1988, passed 10-10-88) § 50.076 GREASE, OIL AND SAND INTERCEPTORS. Grease, oil and sand interceptors or traps shall be provided when, in the opinion of the city they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients, except that such interceptors or traps will not be required for private living quarters or dwelling units. All interceptors or traps shall be of a type and capacity approved by the city and shall be located so as to be readily and easily accessible for cleaning and inspection. They shall be constructed of impervious materials capable of withstanding 20 Mitchell - Public Works abrupt and extreme changes in temperatures and shall be of substantial construction, be gas tight, water tight, and equipped with easily removable covers. Where installed, all grease, oil and sand interceptors or traps shall be maintained by the owner, at his expense, in continuously efficient operation at all times. (Ord. 4-1988, passed 10-10-88) Penalty, see § 50.999 § 50.077 NOTIFICATION OF UNUSUAL FLOWS OR WASTE. Users of the treatment works shall immediately notify the city of any unusual flows or wastes that are discharged accidently or otherwise to the sewer system. (Ord. 4-1988, passed 10-10-88) Penalty, § 50.999 § 50.078 COMPLIANCE WITH STATE OR FEDERAL REQUIREMENTS. All provisions of this chapter and limits set herein shall comply with any applicable state and/or federal requirements now, or projected to be in effect. (Ord. 4-1988, passed 10-10-88) RATES AND CHARGES § 50.090 DEFINITIONS. For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. BIOCHEMICAL OXYGEN DEMAND or BOD. Has the same meaning as defined in the Use Ordinance. BOARD. The Board of Public Works and Safety of the city, or any duly authorized officials acting on its behalf. CITY. The City of Mitchell, Indiana, acting by and through the Common Council. DEBT SERVICE COSTS. The average annual principal and interest payments on all proposed revenue bonds or other long-term capital debt. 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.” INDUSTRIAL WASTES. The wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences. Sewers 21 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT). Has the same meaning as defined in the Sewer Use Ordinance. NORMAL DOMESTIC SEWAGE. (1) For the purpose of determining surcharges, wastewater or sewage having an average daily concentration as follows, for the purpose of determining surcharges: (a) BOD not more than 250 milligrams per liter (b) S.S. not more than 250 milligrams per liter (c) NH3N not more than 30 milligrams per liter (2) As defined by origin, wastewater from segregated domestic and/or sanitary conveniences as distinct from wastes from industrial processes. OPERATION AND MAINTENANCE COSTS. 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.) OTHER SERVICE CHARGES. Tap charges, connection charges, area charges, and other identifiable charges other than user charges, debt service charges and excessive strength surcharges. 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. 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 such works were designed and constructed. SEWAGE. The same meaning as defined in the Sewer Use Ordinance. SEWER USE ORDINANCE. A separate and companion enactment to this Chapter, which regulates the connection to and use of public and private sewers. SUSPENDED SOLIDS or S.S. Has the same meaning as defined in the Sewer Use Ordinances. USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204 (b) of Public Law 92-500. 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): 22 Mitchell - Public Works (1) 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. (2) GOVERNMENTAL USER. Any federal, state, or local governmental user of the wastewater treatment works. (3) INDUSTRIAL USER. Any manufacturing or processing facility that discharges industrial waste to a waste water treatment works. (4) 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. (5) 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, etc. (Ord. 5-1988, passed 10-24-88) § 50.091 CHARGES FOR SERVICES PROVIDED; USER CLASS. (A) Every person whose premises are served by said sewage works shall be charged for the services 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. (B) User charges are subject to the rules and regulations adopted by the United States Environmental Protection Agency. Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment. (C) The various classes of users of the treatment works for the purposes of this chapter shall be commercial, governmental, industrial, institutional, and residential. (Ord. 5-1988, passed 10-24-88) § 50.092 ESTABLISHMENT OF SEWAGE RATES AND CHARGES. (A) For the use of and the services 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 sewage system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sewage system of the city. Such 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 determinable as follows: Sewers 23 (B) The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such 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 monthly (or a period equaling a month). The water usage schedule on which the amount of said rate and charges shall be determined is as follows: (1) All users (a) Treatment rate per 1,000 gallons of usage per month: Debt Service Total Monthly User Charge and Other Sewer Charge Per 1,000 Charges per Per 1,000 Gallons 1,000 Gallons Gallons $ 1.98 $ .89 $ 2.87 (b) Base Rate - as follows: Monthly Base Rate User Debt Base Rate Charge Service Total 5/8 - 3/4 inch water meter $ 2.32 $ 3.73 $ 6.05 1 inch water meter 3.39 9.36 12.75 1¼ inch water meter 4.45 14.95 19.40 1½ inch water meter 5.66 21.64 27.30 2 inch water meter 8.71 37.29 46.00 3 inch water meter 17.94 85.81 103.75 4 inch water meter 30.01 149.24 179.25 6 inch water meter 66.22 339.43 405.65 (C) For users of the sewage works that are unmetered water users or accurate meter readings are not available, the monthly charge shall be determined as an average of 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 said rates and charges shall be determined is as follows: Monthly Rate User Debt Charge Service Total Residential: Single family residence/unit $11.04 $ 7.66 $18.70 Unmetered non-Residential Single Family Dwelling Units shall be charged a rate to be determined by the city on an individual basis by applying the above metered rates to estimated usage. 24 Mitchell - Public Works (D) For the service rendered to the city, the city shall be subject to the same rates and charges hereinabove provided, or to charges and rates established in harmony therewith. (E) In order to recover the cost of monitoring industrial wastes the city shall charge the user the actual cost of monitoring but not less than $25 per sampling event. This charge will be reviewed on the same basis as all other rates and charges in the chapter. (Ord. 5-1988, passed 10-24-88) § 50.093 DETERMINATION OF CHARGES; INSTALLATION OF MEASURING DEVICES. (A) The quantity of water discharged into the sewage system and obtained from sources other than the utility that serves the city shall be determined by the city in such manner as the city shall reasonably elect, and the sewage service shall be billed at the above appropriate rates; except, as is hereinafter 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 such quantities do not enter the sewage system. (B) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the city's 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 determining of sewage discharge. (C) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the city's 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 resource 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. (D) 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 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 such 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. (E) In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial waste, water or other liquids into the city's sewage system, either directly or indirectly, and uses water in excess of 10,000 gallons per month, and it can be shown to the satisfaction of the city that a portion Sewers 25 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. (F) Where a metered water supply is used for fire protection as well as for other uses, the city may, in its discretion, make adjustments in the user charge as may be equitable. (Ord. 5-1988, passed 10-24-88) § 50.094 CHARGES BASED NOT ONLY ON VOLUME BUT STRENGTH AND CHARACTER. 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 shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly into the sewage system, in such manner and by such method as the city may deem practicable in the light of the conditions and attending circumstances of the case, in order to determine the proper charge. The user shall furnish a sampling point, as defined in the Sewer Use Ordinance, available to the city at all times. (A) Normal sewage domestic waste strength should not exceed a BOD of 300 milligrams per liter of fluid, suspended solids in excess of 300 milligrams per liter of fluid or nitrogen in excess of 15 milligrams per liter of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis: (1) Rate surcharge based upon suspended solids. There shall be an additional charge of $.22 per pound of suspended solids for suspended solids received in excess of 250 milligrams per liter of fluid. (2) Rate surcharge based upon BOD. There shall be an additional charge of $.22 per pound of BOD for BOD received in excess of 250 milligram per liter of fluid. (3) Rate surcharge based upon NH3N. There shall be an additional charge of $.17 per pound of nitrogen for NH3N received in excess of 30 milligrams per liter of fluid. (B) The determination of suspended solids and five-day BOD contained in the waste shall be in accordance with the current edition of “Standard Methods for the Examination 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. (Ord. 5-1988, passed 10-24-88) 26 Mitchell - Public Works § 50.095 METHOD OF BILLING; DELINQUENT PAYMENT; PENALTY. (A) Such rates and charges shall be prepare, billed and collected by the city in the manner provided by law and ordinance. (B) The rates and charges for all users shall be prepared and billed monthly. At the end of each year, each user shall be given a notice of the rates charged for operation, maintenance and replacement for that user for the next year. (C) 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 such billing shall in no way relieve the owner from the liability in the event payment is not made as herein required. The owners of 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 such tenant or tenants, provided that such examination shall be made at the office at which said records are kept and during the hours that such office is open for business. (D) As is provided by statute, all rates and charges not paid when due are hereby declared to be delinquent and a penalty of 10% of the amount of the rates or charges shall thereupon attach thereto. The time at which such rates or charges shall be paid is now fixed at 15 days after the date of mailing of the bill. (E) A fee for reconnecting any service which has been disconnected for nonpayment shall be the sum of $15, which shall be paid prior to the reconnection of any service. (Ord. 5-1988, passed 10-24-88; Am. Ord. 2-1994, passed 4-4-94) § 50.096 STUDY OF RATES AND CHARGES FOR SEWAGE SERVICES. (A) In order that the rates and charges for sewage services may remain fair and equitable and be in proportion to the cost of providing services to the various uses of user classes, the city shall cause a study to be made within a reasonable period of time following the first 2 years of operation, following the date on which this chapter goes into effect. Such study shall include, but not be limited to, an analysis of the costs associated with the treatment of excessive strength effluent 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, replacement, debt service requirements and capital improvements to the waste treatment systems. (B) Thereafter, on a biennial basis, within a reasonable period of time following the normal accounting period, the city shall cause a study to be made for the purpose of reviewing the sufficiency of the revenues to properly operate the wastewater treatment facility and all appurtenances attached thereto, and maintaining proportionality among the user classes of the rates and charges for sewage services. Based upon the results of these studies, the city will revise its rates and charges to be in conformance with the recommendation of such studies. Said 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, Sewers 27 which firms shall have experience in such studies, or by such combination of officers, employees, certified public accountants or engineers as the city shall determine to be best under the circumstances. (Ord. 5-1988, passed 10-24-88) § 50.097 BYLAWS AND REGULATIONS ENFORCED; NO FREE SERVICE. (A) The city shall make and enforce such bylaws 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, for the construction and use of house sewers and connection to the sewerage system, and for the regulation, collection, rebating and refunding of such rates and charges. No free service shall be provided to any user of the waste water treatment facility. (B) The city is hereby 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 methods affecting pretreatment of said wastes to comply with the pretreatment standards included in the National Pollution Discharge Elimination System (NPDES) permit issued to the sewage works. (Ord. 5-1988, passed 10-24-88) § 50.098 SPECIAL RATE CONTRACTS. The Board is hereby further authorized to enter into special rate contracts with users of the sewage works where clearly definable cost to the sewage works can be determined, and such special rates shall be based on such costs. (Ord. 5-1988, passed 10-24-88) § 50.099 APPEAL PROCEDURE. That the rules and regulations promulgated by the city, after approved by the Board of Public Works and Safety 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 Board of Public Works and Safety and that of Public Works and Safety may be appealed to the circuit court of the county under the appeal procedures provided for in the Indiana Administrative Adjudication Act. (Ord. 5-1988, passed 10-24-88) 28 Mitchell - Public Works § 50.100 METER DEPOSIT. Sewer customers shall be required to pay a meter deposit of $25 at the time the service is commenced to a customer at a location where the customer is not presently receiving sewer service. This deposit shall be refundable but not transferable. (Ord. 2-1994, passed 4-4-94) § 50.101 TAP CHARGE. At the time any customer is connected to the sewer system, the charge for such sewer tap shall be $250. (Ord. 2-1994, passed 4-4-94) § 50.102 RETURNED CHECK CHARGE. The city Utilities Department is authorized to collect an additional $15 for each check returned to the Department from its depository bank on account of insufficient funds, no account, or stop payment. The Department is further authorized to add the charges to the billing of the customer who delivers the check to the department. In the event that the check also covers water service, then only one $15 charge shall be made. (Ord. 2-1994, passed 4-4-94) ENFORCEMENT § 50.110 NOTICE OF VIOLATION. Any person found to be violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 4-1988, passed 10-10-88) § 50.111 VIOLATOR SHALL BE LIABLE TO CITY FOR EXPENSES. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. (Ord. 4-1988, passed 10-10-88) Sewers 29 § 50.112 APPEAL PROCEDURE. That the rules and regulations promulgated by the city, after approved by the Board of Public Works and Safety 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 Board of Public Works & Safety and that any decision concerning the sewage system or user charges of the Board of Public Works and Safety may be appealed to the circuit court of the county under the appeal procedures provided for in the Indiana Administrative Adjudication Act. (Ord. 4-1988, passed 10-10-88) § 50.999 PENALTY. Any person who shall continue any violation beyond the time limit provided for in § 50.100 shall be guilty of a misdemeanor and in conviction thereof shall be fined in an amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (Ord. 4-1988, passed 10-10-88) 30 Mitchell - Public Works CHAPTER 51: WATERWORKS SYSTEM Section General Provisions 51.01 Filling or refilling private swimming pools Rates and Charges 51.10 Establishment of rates and charges 51.11 Tapping fees 51.12 Collection or deferred payment charge 51.13 Reconnection charge 51.14 Temporary users 51.15 Collection charge for bad checks 51.16 Meter deposit Conservation and Rationing of Water 51.30 Application 51.31 Declaration of need 51.32 Voluntary and mandatory conservation 51.33 Rationing; exceptions 51.34 Notice and enforcement 51.99 Penalty GENERAL PROVISIONS § 51.01 FILLING OR REFILLING PRIVATE SWIMMING POOLS. (A) A person having a private swimming pool on his place of residence is entitled one time a year to fill or refill said pool and to contact the appropriate city office and execute any and all documents necessary showing that said activity has occurred. 31 2001 S-5 32 Mitchell - Public Works (B) The city, under said circumstances, once a year reserves the right to determine, by whatever means and methods that it may find practical, the percentage of the properties metered water that entered the sewer system for said month. The user charge for said sewer system shall then be applied to the quantity of water as determined by the city to have entered the sewer system during that month. (Ord. 5-1989, passed 9-11-89) RATES AND CHARGES § 51.10 ESTABLISHMENT OF RATES AND CHARGES. (A) Metered rates. There shall be and there are hereby established for the use of and the service rendered by the waterworks system of the city the following rates and charges, based on the use of water supplied by said waterworks system: Gallons of water per month Rate First 2,000 $ 7.85 Next 8,000 5.19 Next 30,000 4.29 Next 60,000 3.66 Over 100,000 3.14 (B) Minimum charge per month. Each user shall pay a minimum charge in accordance with the size of meter installed. Meter size (inches) Rate e $ 15.70 ¾ 15.70 1 31.24 1 ½ 62.15 2 99.97 3 145.56 4 207.86 6 277.19 2005 S-6 Waterworks System 33 (C) Fire hydrants. (1) The amount to be paid by the city for fire hydrant rental shall be $134 per hydrant per year. (2) The amount to be paid for private fire hydrant service shall be $134 per hydrant per year. (D) Sprinkler systems. The amount to be paid for either public or private sprinkler systems shall be $134 per service per year. (Ord. passed - - ; Am. Ord. 3-1990, passed 2-5-90; Am. Ord. 6-1992, passed 12-21-92; Am. Ord. 00-01, passed 4-3-00) § 51.11 TAPPING FEES. At the time any customer is connected to the waterworks system, that customer shall pay a charge to cover the cost of tapping the main, furnishing and laying service pipe, corporation and stop cocks, service and meter box, and installing the meter. The charge for a e inch or ¾ inch meter tap shall be $350. The charge for a tap larger than a ¾ inch meter tap will be cost of labor and materials, but not less than the charge for the e inch or ¾ meter tap. (Ord. 9-1978, passed 12-4-78; Am. Ord. 1-1994, passed 4-4-94) § 51.12 COLLECTION OR DEFERRED PAYMENT CHARGE. All bills for water service not paid within 15 days from the due date thereof, as stated in such bills, shall be subject to a collection or deferred payment charge of 10% on the first $3 and 3% on the excess over $3. (Ord. passed 3-2-87) § 51.13 RECONNECTION CHARGE. A fee for reconnecting any service which has been disconnected for nonpayment shall be the sum of $15, which shall be paid prior to the reconnection of any service. (Ord. passed 3-2-87; Am. Ord. 1-1994, passed 4-4-94) § 51.14 TEMPORARY USERS. All water furnished to temporary users on an unmetered basis shall be charged for on the basis of the above consumption rates as estimated by the waterworks superintendent. (Ord. passed 3-2-87) 2005 S-6 34 Mitchell - Public Works § 51.15 COLLECTION CHARGE FOR BAD CHECKS. The City Utilities Department is authorized to collect an additional $15 for each check returned to the Department from its depository bank on account of insufficient funds, no account, or stop payment. The Department is further authorized to add the charges to the billing of the customer who delivers the check to the department. (Ord. passed 3-2-87; Am. Ord. 1-1994, passed 4-4-94) § 51.16 METER DEPOSIT. Water customers shall be required to pay a meter deposit of $25 at the time the service is commenced to a customer at a location where the customer is not presently receiving water service. This deposit shall be refundable but not transferable. (Ord. 2-1994, passed 4-4-94) CONSERVATION AND RATIONING OF WATER § 51.30 APPLICATION. This subchapter shall apply to all persons, firms, partnerships, associations, corporations, companies or organizations of any kind connected to the city water system or using water therefrom (hereinafter called “users”). (Ord. 10-1999, passed 9-13-99) § 51.31 DECLARATION OF NEED. Upon determining that the municipal water system is in imminent danger of a shortage of water or is experiencing a shortage of water, the Board of Public Works and Safety shall declare a water conservation emergency and establish the appropriate conservation measures and the duration thereof. (Ord. 10-1999, passed 9-13-99) § 51.32 VOLUNTARY AND MANDATORY CONSERVATION. (A) Voluntary conservation. In accordance with § 51.34(A), users shall be requested to reduce water consumption by practicing voluntary conservation techniques. The Board of Public Works and Safety shall suggest reasonable and meaningful actions which will alleviate existing or potential water shortage. 2001 S-5 Waterworks System 35 (B) Mandatory conservation. In accordance with § 51.34(A), users shall be prohibited from the following water uses subject to such terms, times, and conditions as the Board of Public Works and Safety shall determine: (1) Sprinkling, watering or irrigating of shrubbery, trees, grass, ground covers, plants, vines, gardens, vegetables or any other vegetation. (2) Washing of automobiles, trucks, trailers, mobile homes, railroad cars or any other type of mobile equipment. (3) Cleaning or spraying of sidewalks, driveways, paved areas or other outdoor surfaces. (4) Washing and/or cleaning of any business equipment or machinery (which use water in such washing and/or cleaning). (5) The filling of swimming pools, wading pools and ornamental fountains. (6) Knowingly allowing leakage through defective plumbing. (Ord. 10-1999, passed 9-13-99) Penalty, see § 51.99 § 51.33 RATIONING; EXCEPTIONS. (A) Rationing. In addition to the mandatory conservation measures identified in § 51.31 and in accordance with § 51.34(A), users shall be limited to water use per the following schedule: (1) Residential use shall be limited to 25 gallons per person per day. (2) Business, commercial and industrial users shall be limited to 50% of the volume of water used during the corresponding month of the preceding year. Business, commercial or industrial water users that were not in business and operating in the area served by the municipal water system more than one year prior to the declaration of need shall be restricted to 50% of the average monthly volume of water used during the number of months said business, commercial or industrial user was in business and operating in the municipal water area. In case of a new business with no such prior use, the Board of Public Works and Safety shall determine what businesses of a similar type or nature used and shall fix a maximum based upon same in the same manner as provided for above. If no such similar business is located within the city limits, the Board may use water usage of similar businesses located in different cities as a basis to determine the gallonage allowed under this rationing. (B) Exceptions. The Board of Public Works and Safety reserves the right to establish alternative rationing requirements for the following: (1) Health care providers; 2001 S-5 36 Mitchell - Public Works (2) A reasonable use of water to maintain adequate health and sanitary standards; and (3) Those industrial and agricultural activities declared to be necessary for the public health and safety. (Ord. 10-1999, passed 9-13-99) Penalty, see § 51.99 § 51.34 NOTICE AND ENFORCEMENT. (A) Notice. Notice of voluntary conservation measures shall be publication in a local newspaper of general circulation published in the English language in Lawrence County, Indiana; radio broadcast or other means as deemed appropriate by the Board of Public Works and Safety. The notice shall fix the effective date of such conservation measures. Notice of mandatory conservation or rationing shall be by first class United States mail, or by other door to door distribution to each current user and by electronic and print media. The notice shall be deemed effective at the conclusion of door to door distribution, or at noon of the third day after depositing same in the United States Mail. (B) Enforcement. Any user who violates §§ 51.33(B) or 51.34 of this subchapter may be punished by a fine as set forth in § 51.99. Each day of violation shall constitute a separate offense. In addition to, or in the alternative to a fine (at the option of the Board of Public Works and Safety), water services may be terminated for any user who violates §§ 51.33(B) or 51.34 of this subchapter. (Ord. 10-1999, passed 9-13-99) § 51.99 PENALTY. Whoever violates any provision of §§ 51.30 - 51.34 shall be fined not more than $50 for each offense per day. (Ord. 10-1999, passed 9-13-99) 2001 S-5