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HomeMy Public PortalAbout008-1989-ORDINANCE TO APPROVE USER RATES AND CHARGES FOR THE DIORDINANCE NO. 8.1989 AN ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA. WHEREAS, the Board of Sanitary Commissioners of the Richmond Sanitary District of the City of Richmond, Indiana, have by resolution proposed rates and charges to be imposed on persons, as therein defined, to be permitted to discharge, for the collection, treatment and disposal of liquid wastes or sewage into the Publicly Owned Treatment Works (POTW) and all appurtenance and sewers attached thereto owned by the Richmond Sanitary District and have caused to be held a public hearing at which all the users of the sewage treatment facilities and owners of the property served or to be served and others interested had an opportunity to be heard concerning the proposed rates and charges, notice of said hearing setting forth the proposed schedule of such rates and charges having been given as provided by law (I.C. 36-9-25-11) and said resolution, after such hearing being confirmed by the Board of Sanitary Commissioners; and, WHEREAS, the approval of the Common Council of the City is required by I.C. 36-9-25-11 prior to the imposition of such user charges for certain classes of users of the Publicly Owned Treatment Works (POTW); and, WHEREAS, said Board of Sanitary Commissioners has submitted its request to the Common Council of the City of Richmond to approve by Ordinance said rates and charges as set out in said Resolution No. 1-1989 to be imposed upon the users of said Publicly Owned Treatment Works (POTW) as required by law; and, WHEREAS, General Ordinance No.9-1984, as amended, adopted by the Common Council on March 19, 1984, is hereby rescinded and repealed. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana: SECTION 1. That the Common Council of Richmond, Indiana, after investigation and consideration finds that a user charge for permitting a user to discharge liquid wastes into the Publicly Owned Treatment Works (POTW) of the Richmond Sanitary District is of necessity to the public health and welfare and of public benefit to the people of said City of Richmond, Indiana. SECTION 2. That the Common Council of the City of Richmond, Indiana finds Resolution No. 1-1989 of the Richmond Sanitary District, set out in Exhibit "A" hereof and by reference made a part hereof, is a just and equitable distribution, among the users of said Publicly Owned Treatment Works (POTW), of the cost of operating, maintaining, replacing, and of the debt service required of the Publicly Owned Treatment Works (POTW) and all sewers and appurtenances attached thereto. SECTION 3. That said Common Council of the City of Richmond, Indiana does hereby approve by Ordinance of said Common Council Resolution No. 1-1989 of the Board of Sanitary Commissioners of the Richmond Sanitary District. SECTION 4. That it shall be unlawful for any person, partnership, firm or corporation to discharge waste into the sewer system owned and operated by the Richmond Sanitary District of Richmond, Indiana, unless the user of said sewer shall pay the user rates and charges provided for in Resolution No. 1-1989 of the Richmond Sanitary District, Exhibit "A" hereof. SECTION 5. That violation of any section or Article of said Resolution shall be an infraction hereof and such persons, shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for such infraction. SECTION 6. That each day in which a violation occurs shall be a separate violation of this Ordinance. Ordinance No. 8-1989 Page 2 SECTION 7. That the Richmond Sanitary District shall enforce the provisions of said Resolution No. 1- 1989 of the Board of Sanitary Commissioners of the Richmond Sanitary District by any of the legal methods, which methods shall include but not be limited to: a. a civil action for debt brought by the Richmond Sanitary District in the name of the City of Richmond; b. by disconnecting the property owned or controlled by property owner (user); c. by obtaining an injunction against the property owner (user) to prohibit any . further discharge into the sewer system of sewer wastes by the property owner (user); and d. by the City Controller, after user charges have gone unpaid for a period of sixty (60) days and declared delinquent, certify the amount due from each owner (user) of a parcel of real estate to the County Auditor and amount of charges due from such owner (user) shall be placed upon the tax duplicate by the County Auditor and collected as taxes are collected from such owner (user) of a parcel of real estate as provided by law. SECTION 8. That this Ordinance approves certain sections which set user rates and user charges for certain user classes which users may have their rates determined by the Board of Sanitary Commissioners without approval of Common Council. These user rates and charges are approved in this Ordinance for the purpose of determining the acceptable rates to be charged residential users and it is the recommendation of the Common Council that the rates herein set out such non-residential users be charged by the Board of Sanitary Commissioners of the Richmond Sanitary District in order to achieve the fair and equitable distribution of the cost of operation, maintenance, replacement and debt service of the Richmond Sanitary District. SECTION 9. That this Ordinance shall become effective upon its adoption and passage by said Common Council and approval by the Mayor of the City of Richmond, Indiana, and publication as required by law. The rates set forth in this Ordinance shall be applicable for usage occurring on or after the effective date and shall not be retroactive. SECTION 10, That the Board of Sanitary Commissioners of the Richmond Sanitary District shall cause a biennial review to be made of the user charge and its rates to ascertain if they are fair and equitable and If they are adequate to cover the cost of operation, maintenance and replacement of the Wastewater Treatment Facilities. `PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this g�0 aday of —1989. President of Common ouncil PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of 7�cvr c� 1989. USY./ � i1 APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this a3nAday of -i%1 cc.u.lL ,1989. <=Lo&lLzav� Mayor RESOLUTION NO. 1 - 1989 A RESOLUTION FIXING THE SCHEDULE OF RATES AND CHARGES TO BE COLLECTED BY THE RICHMOND SANITARY DISTRICT OF RICHMOND, INDIANA FROM THE OWNERS OF PROPERTY SERVED BY THE SEWERAGE WORKS OF SAID DISTRICT AND OTHER MATTERS CONNECTED THEREWITH. WHEREAS the Richmond Sanitary District of the City of Richmond, Indiana was created by Ordinance No. 1356-1948 on the 15th day of November, 1948 pursuant to I.C. 19-2-14-1 through 32; and, WHEREAS the Richmond Sanitary District of Richmond, Indiana has built and is operating a Wastewater Treatment Facility at 451 Test Road, Richmond, Indiana for the purpose of collecting and disposing of the sewage of the Richmond Sanitary District in a sanitary manner; and, WHEREAS said Wastewater Treatment Facility is operated under the supervision of the Indiana Stream Pollution Control Board and is subject to the regulation of the United States Environmental Protection Agency; and, WHEREAS the United States Environmental Protection Agency has offered three (3) grants to the Richmond Sanitary District of the City of Richmond i.e., (1) A grant for the Facilities Planning Task, (2) A grant for the separation of storm and sanitary sewers and (3) A grant for the expansion and modification of the Wastewater Treatment Facility. As a condition to the use of said grants it is necessary that the Richmond Sanitary District of the City of Richmond pass and enforce a User Charge, to defray the cost of operating and maintaining (including replacing equipment over its service life), said Wastewater Treatment Facility and appurtenances thereto attached. WHEREAS Resolution No. 2--1984 adopted by the Board of Sanitary Commissioners on February 14, 1984, is hereby rescinded and repealed; and, WHEREAS the Board of Sanitary Commissioners of the Richmond Sanitary District of the City of Richmond, Indiana has caused to be prepared an analysis of costs to the Richmond Sanitary District of the (1) operation, (2) maintenance, and (3) replacement by reason of the construction and operation of said Wastewater Treatment Facility and after examination, and consider- ation by said Board of Sanitary Commissioners of said analysis, said Board has determined a fair and equitable distribution of the costs of the opera- tion, maintenance, and replacement among all the users of said facility. NOW THEREFORE: BE IT RESOLVED BY THE BOARD OF SANITARY COMMISSIONERS OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA: Section 1. That the Board of Sanitary Commissioners of the Richmond Sanitary District of the City of Richmond, Indiana finds that a User Charge (a) to be of public necessity and will benefit the health and welfare of the people of the Richmond Sanitary District of the City of Richmond, Indiana and (b) will be used for the Wastewater Treatment Facility and its appurtenances as authorized by T.C. 19-2-14-4. Section 2. That this resolution and approval by the Common Council of the City of Richmond, Indiana, as hereinafter set out, shall be known as Chapter 53 of the Richmond Municipal Code and the numbers hereinafter -2- designated for each part hereof shall be the number of a like part of said Municipal Code. ARTICLE I Unless the context specifically indicates otherwise the following words, expressions and terms hereinafter or hereinbefore used in this resolution shall be defined and be construed to mean as follows: 101. "Board" shall mean the Board of Sanitary Commissioners of the Richmond Sanitary District of the City of Richmond, Indiana. 102. "BOD" (Biochemical Oxygen Demand) the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20' Celsius, expressed in terms of weight and concentration (milligrams per liter). 103. "City" shall mean the City of Richmond, Wayne County, Indiana acting by and through its Board of Sanitary Commissioners of the Richmond Sanitary District. 103.1 "District" shall mean the Sanitary District of Richmond, acting by its duly constituted Board of Commissioners or their authorized represent- atives. 104. "Commercial User" shall mean any establishment offering lodging, -3- selling goods (either retail or wholesale) or offering services for sale and contributing an average monthly flow in excess of 10,000 gallons, or any Industrial establishment not qualifying as an Industrial User. 105. "Dwelling Units" shall mean one or more rooms for the use of one or more persons as a housekeeping unit with space for eating, living, and sleeping, and permanent provision for cooking and sanitation. 106. "Excessive Strength Surcharges" shall mean an additional charge which is billed to users for treating sewage wastes with an average strength in excess of "normal domestic sewage." 107. "Industrial User" shall mean any manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works. 108. "Industrial Wastes" shall mean any solid, liquid or gaseous waste resulting from any process or excess energy of industry, manufacturing trade or business, or from the development, processing or recovery, except for agricultural crop raising, of any natural resource, as distinct from indus— trial employees domestic wastes or wastes from sanitary conveniences (Normal Domestic Sewage). 109. "Normal Domestic Sewage" shall mean a combination of liquid and water carried wastes resulting from activities common to residences and generally having strengths not exceeding 200 mg/l BOD and 225 mg/l Suspended Solids. —4— 110. "Operation and maintenance costs" shall include 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). 111. "Other service charges" shall mean tap charges, connection charges, area charges, and other identifiable charges, other than User Charges, and excessive strength surcharges. 112. "NPDES" Permit" shall mean the permit issued to the Sewage Works under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable"waters of the United States pursuant to Section 402 of the Federal Water Quality Act Amendments of 1972 (Public Law 92-500). 113. "Person" shall mean 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. 114. "Replacement Costs" shall mean the budget allowances set aside to provide for cash expenditures for procuring and installing units of equipment or reconstructing appurtenances necessary to maintain or regain the capacity and performance for which the treatment works were designed during their useful life. -5- 115. "Segregated Domestic Wastes" shall mean those wastes from nonres- idential users which are generated from activities of a domestic nature and which are measurable and/or set apart from industrial discharges. 116. "Sewer Use Ordinance" shall mean a separate and companion enact- ment to this Resolution, which regulates the connection to and use of public and private sewers. 117. "Shall" is mandatory; "May" is permissive. 118. "Standard Laboratory Procedure" refers to the analytical and sampling methods as they appear in the most recent editions of: (1) Standard Methods for the Examination of Water and Wastewater, APHA, New York 10019; and (2) A.S.T.M. Standards, Part 23, Water, Atmospheric Analysis, American Society for Testing and Materials, Philadelphia, Pennsylvania 19103; and (3) Methods of Chemical Analysis of Water and Wastes, USEPA, Water Quality Office, Analytical Quality Control Laboratory, 1014 Broadway, Cincinnati, Ohio 45202. 119. "Suspended Solids" shall mean the Total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering under standard laboratory procedure. 120. "User Charge" shall mean a charge levied on users of the waste- water treatment works for the cost of operation and maintenance of such works -6- pursuant to Section 204 (b) of Public Law 92-500. (Including replacement) 121. "User Class" shall mean 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. Residential User - shall mean 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. Commercial User - shall mean any establishment offering lodging, selling goods (either retail or wholesale) or offering services for sale and contributing an average monthly flow in excess of 10,000 gallons, or any Industrial establishment not qualifying as an Industrial User. Institutional User - shall mean any establishment involved in a social, charitable, religious, and/or educational function which, based on a determination by the Sanitary District, discharges primarily segregated domestic wastes or wastes from sanitary conveniences. Governmental User - shall mean any Federal, State, or local governmental user of the wastewater treatment works. Industrial User - shall mean any manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works. -7- ARTICLE II 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 the use by that Class of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replace- ment) of the treatment works. User charges shall be uniform in magnitude within a user class. (a) User charges are subject to the rules and regulations adopted by the United States Environmental Protection Agency, published in the Federal Register, September 27, 1978 (43 CFR 44022). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment. (b) The various classes of users of the treatment works for the purposes of this Resolution, shall be as follows: Class I - Residential Commercial Governmental Institutional Class II - Industrial ARTICLE III For the use of and 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 sanitary system or -8- otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewerage system of the Richmond Sanitary District. Such rates and charges include User Charges, 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: (a) 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 the 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 or estimated monthly and the users shall be billed each month (or period equaling a month). The water usage schedule on which the amount of said rates and charges shall be determined shall be as follows: 1. Treatment Rate (per 1,000 gallons, per month): 1989 User 1990 User 1991 User Class Charge Charge Charge I $1.17 $1.22 $1.27 TI $ .90 $ .93 $ .96 Plus; 2. Base Rate - as follows (All Class I & II users): 1989 User 1990 User 1991 User Water Meter Size Charge Charge Charge 5/8 - 3/4 inch $ 4.00 $ 4.25 $ 4.50 1 inch 13.94 14.96 15.95 1 1/2 inch 30.47 32.78 34.99 2 inch 51.51 55.46 59.22 3 inch 116.64 125.66 134.23 4 inch 201.81 217.46 232.32 (b) For users of the sewage works that are unmetered water users -9- or 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 equalling a month). The schedule on which said rates and charges shall be determined is as follows: 1989 User 1990 User 1991 User Residential: Charge Charge Charge Single Family Residence $9.85 $10.35 $10.85 Non-residential or non -single Family Residential shall be charged a rate based upon applying the above metered rates to an estimated meter size and estimated usage to be determined by the District on an individual basis. (c) For the service rendered to the City of Richmond or any department thereof said City of Richmond shall be subject to the same rates and charges hereinabove provided or to charges and rates estimated to be in harmony therewith. (d) In order to recover the cost of monitoring industrial wastes the District shall charge the user the actual cost per sample. This charge will be revised on the same basis as all other rates and charges. (e) No free service shall be provided to any user of the Wastewater Treatment Facility or its appurtenances. ARTICLE IV The quantity of water discharged into the sanitary sewage system and obtained from sources other than the utility that serves the City of Richmond shall be determined by the District in such manner as the District may still reasonably elect, and the sewage service shall be billed at the above appropriate rates; except, as is hereinafter provided in this article, the District 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 District that such quantities do not enter the sanitary sewerage system. (a) In the event the owner of a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the District's sewer system, either directly or indirectly, is not a user of water supplied by the Richmond Water Works Company and the water used thereon or therein is not measured by a meter, or is measured by a meter not acceptable to the District, then the amount of water sued shall be otherwise measured or determined by the District, in order to ascertain the rates and charges, of the owner or other interested party, at his expense, may install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the District for the determination of the sewage discharge. (b) In the event the owner of a lot, parcel of real estate or building discharging sanitary sewage, industrial waste, water or other liquids into the District's sewer system, either directly or indirectly, is a user of water supplied by the Richmond Water Works Company, and in addition uses water from another source which is not measured by a water meter, or is measured by a water meter not acceptable to the District, then the amount of water used shall be otherwise measured or determined by the District in order to ascertain the rates or charge, or the owner -11- or other interested party, at his expense, may install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the District for the determination of sewage discharge. (c) In the event the owners of two (2) or more residential lots, parcels of real estate or buildings discharging sanitary sewage, water or other liquids into the District's sewer 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 sewage 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. (d) In the event two (2) or more dwelling units such as mobile homes, apartments or housekeeping rooms discharging sanitary sewage, water or other liquids into the District's sanitary sewerage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in such case, billing shall be for a single service in the manner set out elsewhere herein, except that the minimum bill shall not be less than the number of such dwelling units times the minimum base rate. 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 the meter. A dwelling unit shall be interpreted as defined in Article I in paragraph 106 of this Resolution. OP.N (e) In order that the single family domestic and residential users of sewage service shall not be penalized for sprinkling lawns during the summer months of July, August and September, the billing for Sewage service for residences and/or domestic users for said months shall be based upon the water usage for the previous months of April, May and June or one month determined by the Board. In the event the water usage for said previous months is greater than the water usage for said summer months, 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 apply to each lot, parcel of real estate or building which is occupied and used as a single family residence. Said sprinkling rates shall not apply to any premises which are partially or wholly used for commercial or industrial. purposes. In the event a portion of such premises shall be used for commercial or industrial purposes, the owner shall have 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 such portion of the premises used for residential purposes would qualify under the sprinkling rate. This credit will be given to qualified users only upon request. (f) In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial waste, water or other liquids into the District's sanitary sewerage 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 District that a portion of water -13- 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 District for the determination of sewage discharge. (g) Where a metered water supply is used for fire protection as well as for other uses, the District may, in its discretion, make adjustments in the user charge as may be equitable. ARTICLE V In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the District 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 District 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 such manner and by such method as the District 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 representative sampling point available to the District at all times. (a) Normal sewage domestic waste strength should not exceed a biochemical oxygen demand of 200 milligrams per liter of fluid or suspended solids in excess of 225 milligrams per liter of fluid. Additional charges for treating stronger -than -normal domestic waste shall be made on the following basis: -14- (1) Rate Surcharge Based Upon Suspended Solids There shall be an additional charge of eleven cents per pound of suspended solids for suspended solids received in excess of 225 milligrams per liter of fluid. (1990 eleven cents per pound and 1991 twelve cents per pound) (2) Rate Surcharge Based Upon BOD There shall be an additional charge of twelve cents per pound of biochemical oxygen demand for BOD received in excess of 200 milligrams per liter of fluid. (1990 and 1991 thirteen cents per pound) (b) The determination of Suspended Solids and Five-day Biochemical Oxygen Demand contained in the waste shall be in accordance with Standard Laboratory Procedures. ARTICLE VI Such rates and charges shall be prepared, billed and collected by the District in the manner as follows: (a) The rates and charges for all users shall be prepared and billed monthly. (b) The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise required 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 the tenant or -15- tenants, shall have the right to examine the collection records of the District 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. (c) All rates and charges not paid when due are hereby declared to be delinquent and a penalty of ten percent (10%) of the amount of the rates and charges shall thereupon attach thereto. The time at which such rates or charges shall be paid is fixed at thirty (30) days after the date of mailing of the bill. ARTICLE VII 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 users or user classes, the District shall cause a study to be made as deemed appropriate by the Board of Sanitary Commissioners. Such study shall include, but not be limited to, an analysis of the costs 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, and capital improvements to the waste treatment systems. Thereafter, on a biennial basis, within a reasonable period of time following the normal accounting period, the District shall cause a study to be made for the purpose of reviewing: (a) the sufficiency of the revenue to -16- properly operate the Wastewater Treatment Facility and all appurtenances attached thereto; and (b) maintaining proportionality among the user classes of the rates and charges for sewerage services. Said studies shall be conducted by officers or employees of the district or by a firm of certified public accountants, or a firm of consulting engineers which firms shall have experience in such studies, or by such combination of officers, employees, certified public accountants, or engineers as the District shall determine to be best under the circumstances. The District shall make and enforce such rules and regulations as may be deemed necessary for the safe, economical and efficient management of the District sewerage system, pumping stations and sewage treatment works, for the construction and use of house sewers and connections to the sewerage system, and for the regulation, collection, rebating and refunding of such rates and charges, and such rules and regulations that are necessary as to carry out the purpose of this Resolution. The District is hereby authorized to prohibit dumping of wastes into the District's sewerage system which, in its discretion, are deemed harmful to the operation of the sewage treatment works of said District, 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. That the rules and regulations promulgated by the District, after approval by the Board of Sanitary Commissioners shall, among other things, -17- provide for an appeal procedure whereby a user shall have the right to appeal a decision of the Administrator of the user charge to the Board of Sanitary Commissioners and that any decision concerning user charges of the Board of Sanitary Commissioners may be appealed to the Circuit Court of Wayne County, Indiana under the Appeal Procedures provided for in the Indiana Administra- tive Adjudication Act. ARTICLE IX The invalidity of any section, clause, sentence, or provision of this Resolution shall not affect the validity of any other part of this Resolution which can be given effect without such invalid part of parts. Nothing in this Resolution shall delete from the powers any power or authority granted to the Board of Sanitary Commissioners of the Richmond Sanitary District provided for in I.C. 19-2-14-1 through 32 and or amendments and statutes subsequent thereto including but not limited to I.C. 19-2-20-1 through 15. ARTICLE X The District is hereby further authorized, consistent with Federal Regulations, to enter into special rate contracts with customers of the sewage works whereby clearly definable difference in cost to the sewage works can be determined, and such special rate shall be limited to such special costs. Such contracts shall be subject to the approval of the Board of Sanitary Commissioners of the Richmond Sanitary District. -18- ARTICLE XI This Resolution shall be in full force and effect from and after its passage, signing by the Mayor, adoption by ordinance, and approval by the Common Council of the City of Richmond. PASSED by the Board of Sanitary Commissioners of the Richmond —Sanitary District of the City of Richmond, Indiana .this �Alay of 1989. ATTEST: Recording Secretary ATTEST: City Clerk --19_ BOARD OF SANITARY COMMISSIONERS Luke Ware, Member Frank Waltermann, Mayor City of Richmond +Ig132i-IegO„[ego$ PUBLICATION OF NOTICE [ Public notice is hereby made by the City Clerk of the City of Richmond, Indiana, of the adoption and passage of Ordinance No. 8-1989. [ AN ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND. INDIANA, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA.[ 1. That the Common Council of Richmond, Indiana, after investigation and consideration finds that a user charge for permitting a user to discharge liquid wastes into the Publicly Owned Treatment Works (POTW) of the Richmond Sanitary District is of necessity to the public health and welfare and of public benefit to the people of said City of Richmond, Indiana.[ 2. That the Common Council of the City of Richmond, Indiana finds Resolution No. 1-1989 of the Richmond Sanitary District, set out in Exhibit "A" hereof and by reference made a part hereof, is a just and equitable distribution, among the users of said Publicly Owned Teatment Works (POTW), of the cost of operating, maintaining, replacing, and of the debt service required of the Publicly Owned Treatment Works (POTW) and all sewers and appurtenances attached thereto.[ 3. That said Common Council of the City of Richmond, Indiana does hereby approve by Ordinance of said Common Council Resolution No. 1-1989 of the Board of Sanitary Commissioners of the Richmond Sanitary District.[ 4. That it shall be unlawful for any person, partnership, firm or corporation to discharge waste into the sewer system owned and operated by the Richmond Sanitary District of Richmond, Indiana, unless the user of said sewer shall pay the user rates and charges provided for in Resolution No. 1-1989 of the Richmond Sanitary District, Exhibit "A" hereof.[ 5. That violation of any section or Article of said Resolution shall be an infraction hereof and such persons, shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for such infraction.[ 6. That each day in which a violation occurs shall be a separate violation of this Ordinance.[ 7. That the Richmond Sanitary District shall enforce the provisions of said Resolution No. 1.1989 of the Board of Sanitary Commissioners of the Richmond Sanitary District by any of the legal methods, which methods shall include but not be limited to:[ a. a civil action for debt brought by the Richmond Sanitary District in the name of the City of Richmond:[ b. by disconnecting the property owned or controlled by property owner (user);[ C. by obtaining an injunction against the property owner (user) to prohibit any further discharge into the sewer system of sewer wastes by the property owner (user); and[ d. by the City Controller, after user charges have gone unpaid for a period of sixty (60) days and declared delinquent, certify the amount due from each owner (user) of a parcel of real estate to the County Auditor and amount of charges due from such owner (user) shall be placed upon the tax duplicate by the County Auditor and collected as taxes are collected from such owner (user) of a parcel of real estate as provided by law.[ 8. That this Ordinance approves certain sections which set user rates and user charges for certain user classes which users may have their rates determined by the Board of Sanitary Commissioners without approval of Common Council. These user rates and charges are approved in this Ordinance for the purpose of determining the acceptable rates to be charged residential users and it is the recommendation of the Common Council that the rates herein set out such non-residential users be charged by the Board of Sanitary Commissioners of the Richmond Sanitary District in order to achieve the fair and equitable distribution of the cost of operation, maintenance, replacement and debt service of the Richmond Sanitary District.[ 9. That this Ordinance shall become effective upon its adoption and passage by said Common Council and approval by the Mayor of the City of Richmond, Indiana, and publication as required by law. The rates set forth in this Ordinance shall be applicable for usage occurring on or after the effective date and shall not be retroactive.[ 10. That the Board of Sanitary Commissioners of the Richmond Sanitary District shall cause a biennial review to be made of the user charge and its rates to ascertain N they are fair and equitable and 9 they are adequate to cover the cost of operation, maintenance and replacement of the Wastewater Treatment Facilities.[ Billings received after May 1, 1989 will reflect the new fees.[ A copy of this Ordinance and a copy of Resolution No. 1-1989, of the Board of Sanitary Commissioners incorporated in said Ordinance are on file in the office of the City Clerk of the City of Richmond, Indiana, 50 North 5th Street, Richmond, Indiana and at the Office of the Richmiond sanitary District, 2380 Liberty Avenue, Richmond, Indiana: and this Ordinance and said resolution are made a part of the Municipal Code of the City of Richmond, Indiana which code is on file in the office of the City Clerk of the City of Richmond, Indiana, 50 North 5th Street, Richmond, Indiana and at the Office of the Richmiond sanitary District, 2380 Liberty Avenue, Richmond, Indiana.[ Mary Merchanthouse[ City Clerk[ Publish Date: March 27, 1989[ +Igl32'1-IegO„IegO$ PUBLICATION OF NOTICE [ Public notice is hereby made by the City Clerk of the City of Richmond, Indiana, of the adoption and passage of Ordinance No. 8-1989. [ AN ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA.[ 1. That the Common Council of Richmond, Indiana, after investigation and consideration finds that a user charge for permitting a user to discharge liquid wastes into the Publicly Owned Treatment Works (POTW) of the Richmond Sanitary District is of necessity to the public health and welfare and of public benefit to the people of said City of Richmond, Indiana.[ 2. That the Common Council of the City of Richmond, Indiana finds Resolution No. 1-1989 of the Richmond Sanitary District, set out in Exhibit "A" hereof and by reference made a part hereof, is a just and equitable distribution, among the users of said Publicly Owned Teatment Works (POTW), of the cost of operating, maintaining, replacing, and of the debt service required of the Publicly Owned Treatment Works (POTW) and all sewers and appurtenances attached thereto.[ 3. That said Common Council of the City of Richmond, Indiana does hereby approve by Ordinance of said Common Council Resolution No. 1-1989 of the Board of Sanitary Commissioners of the Richmond Sanitary District.[ 4. That it shall be unlawful for any person, partnership, firm or corporation to discharge waste into the sewer system owned and operated by the Richmond Sanitary District of Richmond, Indiana, unless the user of said sewer shall pay the user rates and charges provided for in Resolution No. 1-1989 of the Richmond Sanitary District, Exhibit "A" hereof.[ 5. That violation of any section or Article of said Resolution shall be an infraction hereof and such persons, shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for such infraction.[ 6. That each day in which a violation occurs shall be a separate violation of this Ordinance.[ 7. That the Richmond Sanitary District shall enforce the provisions of said Resolution No. 1-1989 of the Board of Sanitary Commissioners of the Richmond Sanitary District by any of the legal methods, which methods shall include but not be limited to:[ a. a civil action for debt brought by the Richmond Sanitary District in the name of the City of Richmond;[ b. by disconnecting the property owned or controlled by property owner (user);[ c. by obtaining an injunction against the property owner (user) to prohibit any further discharge into the sewer system of sewer wastes by the property owner (user); and[ d. by the City Controller, after user charges have gone unpaid for a period of sixty (60) days and declared delinquent, certify the amount due from each owner (user) of a parcel of real estate to the County Auditor and amount of charges due from such owner (user) shall be placed upon the tax duplicate by the County Auditor and collected as taxes are collected from such owner (user) of a parcel of real estate as provided by law.[ 8. That this Ordinance approves certain sections which set user rates and user charges for certain user classes which users may have their rates determined by the Board of Sanitary Commissioners without approval of Common Council. These user rates and charges are approved in this Ordinance for the purpose of determining the acceptable rates to be charged residential users and it is the recommendation of the Common Council that the rates herein set out such non-residential users be charged by the Board of Sanitary Commissioners of the Richmond Sanitary District in order to achieve the fair and equitable distribution of the cost of operation, maintenance, replacement and debt service of the Richmond Sanitary District.[ 9. That this Ordinance shall become effective upon its adoption and passage by said Common Council and approval by the Mayor of the City of Richmond, Indiana, and publication as required by law. The rates set forth in this Ordinance shall be applicable for usage occurring on or after the effective date and shall not be retroactive.[ 10. That the Board of Sanitary Commissioners of the Richmond Sanitary District shall cause a biennial review to be made of the user charge and its rates to ascertain if they are fair and equitable and if they are adequate to cover the cost of operation, maintenance and replacement of the Wastewater Treatment Facilities.[ Billings received after May 1, 1989 will reflect the new fees.[ A copy of this Ordinance and a copy of Resolution No. 1-1989, of the Board of Sanitary Commissioners incorporated in said Ordinance are on file in the office of the City Clerk of the City of Richmond, Indiana, 50 North 5th Street, Richmond, Indiana and at the Office of the Richmiond sanitary District, 2380 Liberty Avenue, Richmond, Indiana: and this Ordinance and said resolution are made a part of the Municipal Code of the City of Richmond, Indiana which code is on file in the office of the City Clerk of the City of Richmond, Indiana, 50 North 5th Street, Richmond, Indiana and at the Office of the Richmiond sanitary District, 2380 Liberty Avenue, Richmond, Indiana.[ Mary Merchanthouse[ City Clerk[ Publish Date. March 27, 1989[ +lgl223-IegO„IegO$ NOTICE OF PUBLIC HEARING[ ON ORDINANCE NO.-8-1989 [ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana will hold a public hearing on Monday, March 6,1989 at 7:30 P.M. in the Council Chambers in the Richmond Municipal Building located at 50 North 5th Street, on the following:[ ORDINANCE No, 8-1989-AN ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA.[ All parties interested in or affected by this Ordinance are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance.( Mary Merchanthouse[ City Clerk[ Publish Date: February 25, 19891== +Ig1321-IegU„IegO$ PUBLICATION OF NOTICE [ Public notice is hereby made by the City Clerk of the City of Richmond, Indiana, of the adoption and passage of Ordinance No. 8-1989. [ AN ORDINANCE TO APPROVE USER RATES AND CHARGES, FOR THE DISCHARGE OF LIQUID WASTES IN THE FACILITIES OF THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA, TO BE IMPOSED BY THE RICHMOND SANITARY DISTRICT OF THE CITY OF RICHMOND, INDIANA.[ 1. That the Common Council of Richmond, Indiana, after investigation and consideration finds that a user charge for permitting a user to discharge liquid wastes into the Publicly Owned Treatment Works (POTW) of the Richmond Sanitary District is of necessity to the public health and welfare and of public benefit to the people of said City of Richmond, Indiana.[ 2. That the Common Council of the City of Richmond, Indiana finds Resolution No. 1-1989 of the Richmond Sanitary District, set out in Exhibit "A' hereof and by reference made a part hereof, is a just and equitable distribution, among the users of said Publicly Owned Teatment Works (POTW), of the cost of operating, maintaining, replacing, and of the debt service required of the Publicly Owned Treatment Works (POTW) and all sewers and appurtenances attached thereto.[ 3. That said Common Council of the City of Richmond, Indiana does hereby approve by Ordinance of said Common Council Resolution No. 1-1989 of the Board of Sanitary Commissioners of the Richmond Sanitary District.[ 4. That it shall be unlawful for any person, partnership, firm or corporation to discharge waste into the sewer system owned and operated by the Richmond Sanitary District of Richmond, Indiana, unless the user of said sewer shall pay the user rates and charges provided for in Resolution No. 1-1989 of the Richmond Sanitary District, Exhibit "A" hereof.[ 5. That violation of any section or Article of said Resolution shall be an infraction hereof and such persons, shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00) for such infraction.[ 6. That each day in which a violation occurs shall be a separate violation of this Ordinance.[ 7. That the Richmond Sanitary District shall enforce the provisions of said Resolution No. 1-1989 of the Board of Sanitary Commissioners of the Richmond Sanitary District by any of the legal methods, which methods shall include but not be limited to:[ a. a civil action for debt brought by the Richmond Sanitary District in the name of the City of Richmond;[ b. by disconnecting the property owned or controlled by property owner (user);[ c. by obtaining an injunction against the property owner (user) to prohibit any further discharge into the sewer system of sewer wastes by the property owner (user); and[ d. by the City Controller, after user charges have gone unpaid for a period of sixty (60) days and declared delinquent, certify the amount due from each owner (user) of a parcel of real estate to the County Auditor and amount of charges due from such owner (user) shall be placed upon the tax duplicate by the County Auditor and collected as taxes are collected from such owner (user) of a parcel of real estate as provided by law.[ 8. That. this Ordinance approves certain sections which set user rates and user charges for certain user classes which users may have their rates determined by the Board of Sanitary Commissioners without approval of Common Council. These user rates and charges are approved in this Ordinance for the purpose of determining the acceptable rates to be charged residential users and it is the recommendation of the Common Council that the rates herein set out such non-residential users be charged by the Board of Sanitary Commissioners of the Richmond Sanitary District in order to achieve the fair and equitable distribution of the cost of operation, maintenance, replacement and debt service of the Richmond Sanitary District.[ 9. That this Ordinance shall become effective upon its adoption and passage by said Common Council and approval by the Mayor of the City of Richmond, Indiana, and publication as required by law. The rates set forth in this Ordinance shall be applicable for usage occurring on or after the effective date and shall not be retroactive.[ ' 10. That the Board of Sanitary Commissioners of the Richmond Sanitary District shall cause a biennial review to be made of the user charge and its rates to ascertain it they are fair and equitable and if they are adequate to cover the cost of operation, maintenance and replacement of the Wastewater Treatment Facilities.[ Billings received after May 1, 1989 will reflect the new fees.[ A copy of this Ordinance and a copy of Resolution No. 1-1989, of the Board of Sanitary Commissioners incorporated in said Ordinance are on file in the office of the City Clerk of the City of Richmond, Indiana, 50 North 5th Street, Richmond, Indiana and at the Office of the Richmiond sanitary District, 2380 Liberty Avenue, Richmond, Indiana: and this Ordinance and said resolution are made a part of the Municipal Code of the City of Richmond, Indiana which code is on file in the office of the City Clerk of the City of Richmond, Indiana, 50 North 5th Street, Richmond, Indiana and at the Office of the Richmiond sanitary District, 2380 Liberty Avenue, Richmond, Indiana.[ Mary Merchanthouse[ City Clerk[ Publish Date: March 27, 1989[ DISPOSITION OF ORDINANCE NO. F -198 9 RESOLUTION NO. -198 by Common Council Ordinance No. Resolution No. _ Elstro Lundy Brookban Hankinson McBric a Parke Hutton Paust Morris Date9 Susp. rules Ist read Title only - Seconded ------ ------ -------- - ---- Proof of Publicaton ------ Seconded ------ ------ -------- ---------- ------ ------ -- ---------------------- Move to 2nd read ------ Seconded ------ ------ -------- - ---- ------ ------ ---------- Engrossment -- s� - ------ Seconded --v --- ---------- ----- ------ ------------------------ Susp rules 3rd read ---- ------ ------ Seconded -------- ---------- ------ ------ ------ ------ ---------- Passage �— ----- -------- ---------- -- ------- Rejection 0 Date Passed .3 -020 COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: