HomeMy Public PortalAbout007-1981 - Fixing the Schedule of Rates and Charges (also Ord. No. 49-1981)AMENDED
RESOLUTION NO. 'I
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. 1364 -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 Santiary District of the City of Richmond pass
and enforce a User Charge, to defray the cost of operating, maintaining (including
replacing equipment over its service life), said Wastewater Treatment Facility and
appurtenances thereto attached and to service any debt created by reason of the
construction of said Wastewater Treatment Facility and its appurtenances; and,
WHEREAS the Richmond Sanitary District does not have in force a User Charge;
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, (3) replace-
ment and (4) debt service by reason of the construction and operation of said
Wastewater Treatment Facility and after examination, and consideration by said
Board of Sanitary Comissioners of said analysis, said Board has determined a fair
and equitable distribution of the costs of the operation, maintenance, replacement
and debt service 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 I.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 of the Richmond Municipal Code and the numbers hereinafter
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 representatives.
104. "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.
105. "Debt Service Costs" shall mean the average annual principal and
interest payments on all outstanding revenue bonds or other long -term capital debt.
106. "Dwel -ling 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.
-2-
107. "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."
108. "Industrial User" shall mean any manufacturing or processing
facility that discharges industrial waste to a publicly owned treatment works.
109.- "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 industrial employees'
domestic wastes or wastes from sanitary conveniences (Normal Domestic Sewage).
110. "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 /1 BOD and 225 mg /1 Suspended Solids.
111. "Operation and maintenance costs" 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).
112. "Other service charges" shall mean tap charges, connection charges,
area charges, and other identifiable charges, other than User Charges, debt
service charges and excessive strength surcharges.
112.1 "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.
-3-
115. "Segregated Domestic Wastes" shall mean those wastes from non-
residential 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 enactment
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" The Total suspneded 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 wastewater
treatment works for the cost of operation and maintenance of such works 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 - 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.
-4-
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.
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 replacement) 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 otherwise discharges
sanitary sewage, industrial wastes, water or other liquids, either directly or
indirectly, into the sanitary sewerage system of the Richmond Santiary District.
Such rates and charges include User Charggs, 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:
(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 thereiin 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 meteres shall be
read or estL- -nested monthly and the users shall be billed each month (or
-5-
U
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):
User Debt
Class Charge Service Total
I $ •hB .73 $ W__Y4 ..30 $ l$2 $1.03
II $ .48 $ .25 $ .73
Plus;
(b) For users of the sewage works that are unmetered water
users 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:
User Charge Debt Service Total
Residential:
Single Family $5.90 $3.20 $9.10
Residence
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 hereof 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 shai31 charge the user the actual cost per sample. This charge will
be revised an the same basis as all other rates and charges.
2. Base Rate
- as follows (All
Class I & II
users):
User
Debt
Water
Meter Size
Charge
Service
Total
5/8
- 3/4 inch
$ &.Jjk $1.84
$ 1.66
$ /$00 $3.50
1
inch
6.73
4.12
10.85
1 1/4
inch
9.71
6.59
16.30
1 112
inch
13.30
9.55
22.85
2
inch
21.65
16.35
38.00
3
inch
47.52
37.48
85.00
4
inch
81.35
65.65
147.00
6
inch
182.84
150.16
333.00
(b) For users of the sewage works that are unmetered water
users 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:
User Charge Debt Service Total
Residential:
Single Family $5.90 $3.20 $9.10
Residence
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 hereof 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 shai31 charge the user the actual cost per sample. This charge will
be revised an 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.
APTTM 7 TIT
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 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, industria=l 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 Waterworks
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 used 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 Waterworks 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 of charge., or 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
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 puposes, 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.
-7-
(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 iiumber 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.
(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. 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 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:
(1) Rate Surcharge Based Upon Suspended Solids
There shall be an additional charge of seven cents
per pound of suspended solids for suspended solids
received in excess of 225 milligrams per liter of
fluid.
(2) Rate Surcharge Based Upon BOD
There shall be an additional charge of eight cents
per pound of biochemical oxygen demand for BOD
received in excess of 200 milligrams per liter of
fluid.
(b) The determination of Suspended Solids and Five -day Biochemical
Oxygen Demand contained in the waste shall be in accordance with Standard
Laboratory Procedures.
8RTT('T F' ITT
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 and at the end of each year each user shall be given
a notice of that amount of money charged for operation, maintenance,
and replacement for that user during said year.
(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 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`x) of the amount of
the rates and charges shall thereupon attach thereto. The time at which
such rates or charges shall be paid is now 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 within a reasonable
period of time following the first year of operation, following the date on which
this resolution goes into effect. 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, debt service requirements and capital improvements to
the waste treatement systems.
* as amended -- see below
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 properly operate the
Wastewater Treatment Facility and all appurtenances attached thereto; and (b) maintain-
ing 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.
* amended - "except for one year after commencing of the user charge that there be a
one year review by Council of the income and revenue of the Sanitary District under
the rates approved in this Ordinance."
ARTICLE VIII
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
-10-
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, 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 Administrative 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 or 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.
ARTT!'T P v
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.
ARTICLE XII
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 /f-"p day of
1981.
BOARD OF SANITARY COMMISSIONERS
ohn E. Helmich
ATTEST "�. +:. = -t: _�. �.� _`l_e. , ...
Recording Secretary Alonzo J. ylo�
George Webb
ATTEST
ty Clerk Clif J/
Mayo , Citchmond
-12-
'! AMPNDI ?D
j GENERAL ORDINANCE NO. 49 -
li
�I AN ORDINANCE TO APPROVE iUSn RATES Alt) CHARGI0, FOR TH4 OI SCUAR44 OF LIQUID
-' WASTES IN THE FACILITIES OF THE RIr_lll9 +.;)ND SANITARY DISTRICT OF TH`; CITY OF
RICIMOND, INDIANA TO nE itiY i'111? RICH'i(YJI) SANITARY DISTRICT OF THE
CI'T'Y OF RICUMHA IND FANA .
WHEREAS, Ile Hoard of Sinit nT Coriurri.ssiorlers of th , Richmond Sanitary
District of the City of Richmond, _ ndinna have by resolution proposed rates
and charges to be imposded on persurz, us herein defined, to be permitted to
discharge, for Lim collection, t,rPrLnxw mid disposal of liquid wastes or
sewage into the Publicly Owned TreNtuunL Works (P01'tl) arxl all appurtenance
and sewers attached thereto owned by Ila Richmond Sanitary District and have
caused to be held a p_iblic henrinq at which all t1w user of the Sewage
treatment facilities and owtwty of Lie property served or to he served and
others interested had an opportunity Ko be heard concerning the proposed rates
and charges, nut.i co of said Knr i o ; u it y forth Lim prol u rid schedule of
such rates aid chnryes hay.inwr l;c: -A, t°iv(", n., provi0d ley law (I.C. 19- 2 -14 -4)
and said resolution, after such 1100 1 - 511 lVinrr, con Firmed b the hoard of
Sanitary Comm sioncps; nnd,
WHE�?FA ", tie approval of tho C`illl;on CouncLl OF ,:yid City is required by
19- 2- 1`�� -4 >r c
Kim Lr? LhE� 1 -:ri1 �o�� �r �, � ou of such on or cP��r�r��r��:, for ort n i,:
classes of users oI the Publicly Owned !VeatmenL Works (POK) .
a ,
. F�, . .�;, �..��d iso� rd ()F unitary Co has submitted its
request to the Co ann, Council of the City of Richmond to approve by Ordinance
said rates and charres as set out. in slid Resul No. 7
to be imposed uLKrr Ute users of said Publicly Owned 'l rcnUarl Works (POK )
as required by I.C. 19- 2 -14 -4 .
NOW THEREFORE:
BE IT ORDA INFD 13Y UfE COPii1i& 9MKJCIL OF 111R CITY OF RICHMOND, I
INDIANA:
1. That the Common Coun( :iI ()f i
iticlunond, I
Indiana after investigation
and consideration finds that a user c
charge for p
permitting; a user to d
discharge
liquid wastes into the Publicly Owned T
Treatment. W
Works (POTW) of the R
Richmond
Sanitary District is of ne cPssi ty to t
the public h
health and welfare ind o
of
public benefit to the people of slid C
City of Richmond, I
Indiana.
i!
i
1
AMFNPFD
l
f_ "vi ?RAL O;'i lJ NO. !10 -1981
AN ORDINANCE TO AllMovE rGER RATES 'ai'd) CHARGF7j, PUR THE DISCHARGE OF LIDKID
WASTES IN THE FACILITIES OF T E P_ Ul , ]gn) SANITARY NT
,
A�II1'ALY D�L,1 OF THE CITY OF
R_T.C!IMOND, INDIAi1A `I) 1'F I; 11 ii,D RY 'l'i il�, RICHI"10 ili SANITARY DIS`T'RICT OF THE �
CITY OF RICHMOND, IND_T_ANA.
WHEREAS, the Board of
S<rn nary
Commissioners of the Richmond Sanitary
�! District of the City of Richmond, Indiana have by resolution proposed rates
j and charges to be imposed on persons, as therein defined, to be permitted t
I d o ;
discharge, for the collection, treatment and disposal of liquid wastes or
sewage into the Publicly Awn,?d
1001"Unl, Works (POIN aid all appurtenance
and sewers attached thereto ��wned by the Richmond Sxudltary District and have
caused to be held a a,
I lblic. hearing at rafiicll all the users of the ; ewaje i
i;
treatment facilities and or.lrerr., of tho pruport y :�(:rved or to be .served arri
others int erc=:all hrid an (Ij ort in,i l � � ,> he
y Knrd cr ncc�riri_ra!r thy: prul ;O.,ed rates
aid charges, t r l i �cr
c�, id he in Forth the: proposed schedule of
such rates and charges havily hxhvn iv; n as provided by law fI.( 19-2 - 14.4 )
and said resolution aft., �;,
r rh lymp" ho"-, �torrt'irmerl by the Board of
:unitary C oriel i ss i onrrs ; an�i
rJHERt AS
the approval of rr, Comm011 Council of ai_d City is required by
I.C. 19 -2 -14.4 pr iur to the of such �u;c'r charFre;> fir certain
�
classes of users of the Publicly �h�ned 'Treatment Works (Pt_iTW). 1
WHEREAS, said Roard Of 5nnitory C:omrrissiOnMs has submitted its
` request, to t.hc Co mmon Council of the �'�t
i y of Richmond to approve, by Ordinance
said rates and char7es as set out in said Resolution No. 7
to be imposed upon the users of said Publicly Owned Treatment Works POI'W) c
as required by KC, 19- 2 -14 -4 .
NOW THEREFORE
BE' IT ORDAINED BY TIP CO111C)N ('C)I MIL 00' 'I'IV CITY OF R.Tar"IOND, INDIANA
I. That the Common Council of, tichmond, Indiana after investigation
and consideration finds that a user ch;w7o for permitting; a user to discharge
liquid waste., into the Publicly Owned 1000ment 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.
AMENDED
GENERAL ORDINANCE NO. 49 -1981
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 RE 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
arid 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
i
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. 19- 2 -14 -4)
and said resolution, after such hearing being confirmed by the Board of
Sanitary Commissioners; and,
WHEREAS the approval of the Common Council of said City is required by
I.C. 19- 2 -14 -4 prior to the imposition of such user charges for certain
classes of users of the Publicly Owned Treatment Works (POTW).
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. 7
to be imposed upon the users of said Publicly Owned Treatment Works (POTW)
as required by I.C. 19- 2 -14 -4.
NOW THEREFORE:
BE IT ORDAINED BY THE COMMON COUNCIL 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. Seven (7) of the Richmond Sanitary District, set out in Exhibit
"A" hereof and by reference made a part hereof, is a just arid equitable j
distribution, among the users of said Publicly Owned Treatment Works (POTW),
of the cost of operating, maintaining, replacing, and of the debt service I
required of the Publicly Owned Treatment Works (POTW) and all sewers and 1
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. Seven (7)
of the Board of Sanitary Commissioners of the Richmond Sanitary District,
as amended.
4. That it shall be unlawful for any person, parnership, 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.
Seven (7) 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 riot
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. Seven (7) 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:
-2-
(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); arid,
(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 such 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.
R. 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 the 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 for 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 Cormnon Council and approval by the Mayor of the City of
Richmond, Indiana, and publication as required by law.
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. except for one year after commencing of the user charge
that there be a one year review by Council of the income and revenue of the
Sanitary District under the rates approved in this Ordinance.
Ma
PASSED AND ADOPTED by the Common Council o the City of Richmond, Wayne
County, Indiana this _� day of "
1 P 1981.
_—
ATTEST:
City Clerk
President of Common Council
PRESENTED by me to the Mayor of the City of Richmond, Indiana this r
day of �4 ,� 1981.
e
City Clerk
APPROVED by me, Clifrord J. Dickman, Mayor of the City of Richmond, Indiana
this day of 1981.
Mayer
ATTEST:
CitTClerk
-4 -