Wastewater Ordinance

   

 ORDINANCE 2012 – 07

AN ORDINANCE REGULATING THE USE, FEES FOR CONNECTION AND RATES TO BE CHARGED BY THE VILLAGE OF GAMBIER, OHIO FOR SEWER USE SERVICE TO PROVIDE FUNDS FOR OPERATION, MAINTENANCE, MANAGEMENT, IMPROVEMENT AND REPAIR OF THE SEWER SYSTEM AND TREATMENT FACILITIES AND FOR THE RULES, REGULATIONS AND POLICY FOR BILLING AND PAYMENT OF WASTEWATER CHARGES.

WHEREAS,

the Village of Gambier owns and operates a wastewater treatment plant and sewer collection system, and

WHEREAS,

it is necessary for the Village of Gambier to provide funds for the Debt Service, Debt Service Reserve, Operation, Maintenance and Administration of the System,

NOW, THEREFORE;

be it ordained and enacted by the Council of the Village of Gambier, Knox County, Ohio as following definitions, regulation and penalties which shall govern the billing and payment of the wastewater charges and shall apply to all users as defined in this Ordinance.

SECTION 1:  USE OF PUBLIC WASTEWATER SYSTEM REQUIRED

A.  It shall be unlawful to discharge to any natural outlet within the Village of  Gambier, or in any area under the jurisdiction of said Village, any sanitary  sewage industrial waste, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance.

B.  No privy vault, cesspool, septic tank, or outside toilet shall be constructed, repaired, maintained or allowed to remain on any lot or land in the Village of Gambier if said lot or lands abut upon a street, alley, avenue or public grounds  which are provided with sanitary sewer, or on any private grounds containing  such sewer, or on any area that is determined to be within reasonable distance of such sanitary sewer as determined by the Council of the Village of Gambier and/or the Ohio Environmental Protection Agency.

C.  The owner of all houses, buildings or properties use for humanoccupancy, employment, recreation, or other purpose, situated within the Village and  abutting on any street, alley or right-of-way in which there is now located or may in the future be located an extension of the Village public water system, is hereby required at his/her own expense to install suitable facilities therein and to connect such facilities within on hundred eighty (180) days after date of official notice to do so.  Official Notice shall be deemed to mean “Notice to connect sent to the property owner by Registered or Certified Letter”.

D.  The Administrator of the Village may grant limited time extensions for connecting with the proper public sewer system, upon written application for such time extension by the property owner, where the situation warrants such  an extension in the sole judgment of the Village Administrator.

SECTION 2:  PREREQUISTIES FOR INSTALLATION OR CONNECTION

A.  No person or persons except an authorized municipal official acting on behalf of the Village shall connect or cause to be connected any sanitary sewer line extension to the Village sewer system without first obtaining an authorization in writing from the Village Administrator.

SECTION 3:  INSPECTION

A.  All sanitary sewer line materials and workmanship must be checked and approved by the Village Administrator or Village appointed Inspector before the work and materials can be accepted by the Village.  No work shall be covered up until the Inspector has checked and approved it.

SECTION 4:  TAPPING EXISTING LINES, FEES, DISCRETION OF THE  VILLAGE ADMINISTRATOR UNDER UNUSUAL CIRCUMSTANCES

A.  It shall be required that all person not connected to the existing public sewer system, where such system is available to them shall connect to the public sewer system or extension thereof within 180 days of the receipt of the notice specified in Section 1C.

B.  The tapping fees to tap into the existing sewer system shall be as follows:

 WATER                                                               SEWER

Tap Sizes (inches) Capacity Fee _______________ Tap Sizes (inches) Capacity Fee

¾”    $2,422.00_________________________________ ¾” ____  _   $6,139.00

1”      $4,306.00 _________________________________ 1”  ____ _   $10,914.00

1 ½” $9,689.00 _________________________________ 1 ½” __ _   $24,556.00

2”      $17,225.00__________________________ ______  2”                  $43,655.00

3”      $38,756.00 ________________________________ 3” ____      $98,224.00

4”     $68,899.00 ________________________________ 4”                 $174,620.00

6”     $155,023.00  _______________________________  6”                $392,895.00

C.  Whenever possible, the property owner or person seeking to tap into the existing sewer system, shall tap into an existing “WYE” connection.  Additional charges may apply if an existing “WYE” is not available.

D.  The connection to the line and service line shall be materials approved by the Village Administrator.

E.  Main Line Extension or Larger Services.  The fees listed in Section 4B include only connection to existing mainlines.  Additional costs to extend the main line shall be added to the above fees if such extension is required.  The Village Administrator shall determine the applicable costs for such extension.

F.  The Council of the Village of Gambier shall have, upon application presented to them that the above rules would work a special hardship on the applicant,  power to modify the above requirements of Section 4A through 4E.

G.  The above fees shall apply to all connections to the Gambier Municipal Wastewater System if within the Corporate Limits or outside the Corporate Limits.

H.  The Council of the Village of Gambier may refuse service to persons or corporations, not presently connected, when in the opinion of the municipality the capacity of the facilities will not permit such service.

SECTION 5:  POWERS AND AUTORITY OF THE VILLAGE  ADMINISTRATOR

A.  The Village Administrator and/or other duly authorized employees of the  Village of Gambier bearing proper credentials and identifications shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this or other applicable Ordinances.

SECTION 6:  USER CHARGE SYSTEM:

This user charge system is intended to distribute the annual operation, maintenance and replacement expenses proportionally to the various classes of users.  The distribution will be based upon actual water usage, and wastewater strength characteristics.  This will require that any user not currently served by water meters will need to have meters installed in a timely manner.  At the present time, the Village does not have any “significant industrial discharges” (SID) and the wastewater from the businesses and industrial uses is of normal domestic characteristics similar to the residential contribution.  The following classes are created for the proper allocation of operation, maintenance, replacement and debt service charges:

Residential “A”                                          Group I  (inside Village)    Group II (outside Village)

Residential “B”                                          Group I  (inside Village)    Group II (outside Village)

Commercial “A”                                         Group I (inside Village)     Group II (outside Village)

Commercial “B”                                         Group I (inside Village)     Group II (outside Village)

Commercial “C”                                         Group I  (inside Village)    Group II (outside Village)

Institutional “A”                                        Group I  (inside Village)    Group II (outside Village)

Institutional “B”                                        Group I  (inside Village)    Group II (outside Village)

Institutional “C”                                        Group I (inside Village)     Group II (outside Village)

Industrial “A”                                             Group I (inside Village)     Group II (outside Village)

Industrial “B”                                             Group I (inside Village)     Group II (outside Village)

Industrial “C”                                              Group I (inside Village)    Group II (outside Village)

1.  The residential classification shall contain all single family and multi-family dwelling units as the primary water consumption use.

2.  The Commercial classification shall contain all businesses and offices as the primary water consumption use.

3.  The Institutional classification shall contain all Kenyon College buildings (except single family units), school, public buildings, churches, utilities and other such non-profit organizations as the primary water consumption use.

4.  The Industrial classification shall contain all industries whose wastewater discharge characteristics would determine the further subdivision into a significant, minor significant, or insignificant classification.  All classes shall be divided into either Group I (inside Village) or Group II (outside Village).  A minimum usage of 3,000 gallons/month will be assessed to each user for operation, maintenance and repair costs.

SECTION 7:  USER CHARGE REPORT

The user charge report establishes the basis for developing a proportional rate charge for the wastewater collection and treatment system.  The annual report should include the following components:

A.  Total annual operation, maintenance and replacement costs.

B.  Flow and loadings by user class.

C.  Allocation of operation, maintenance and replacement costs.

D.  Summary of annual costs, estimated loadings and consumption of fixed and variable unit costs.

E.  Computation of “standard” sanitary sewer charge per month including extra- strength surcharge of operation, maintenance and replacement costs.

SECTION 8: OTHER CHARGES

The “debt service” portion of the monthly sanitary sewer charge will be in addition to the operation, maintenance and replacement (O,M & R) fund.  A surcharge of 200% will be assessed to the user in Group II (outside Village), since that category is using a Village utility service that was constructed with the commitment of the Village’s financial capacity.  A “sewer reserve” fund charge for future capital improvements will also be in addition to the O,M & R charge.  These additional charge are in the base rate of the sanitary sewer charges.  A minimum usage of 3,000 gallons/month will be assessed based upon the actual to each equivalent user class.  The equivalent user value will be computed as follows:

USER CLASS                                                             FACTOR/USER VALUE

Residential “A” (meter 5/8″x3/4″)                             Group 1.0/1.0              Group II 2.0/2.0   

Residential “B” (meter 1” to 1 ½ “)                             Group I 1.0/1.0           Group II 2.0/2.0_

Commercial “A” (meter 5/8’x¾”)                               Group I 1.0/1.0____Group II 2.0/2.0_

Commercial “B” (meter 1” to 1 ½”)                             Group I 1.0/1.0           Group II 2.0/2.0_

Commercial “C” (meter 2” and larger)                       Group I 1.0/1.0____ Group II 2.0/2.0_

Institutional “A” (meter 5.8”x¾”) ___                     Group I 1.0/1.0____ Group II 2.0/2.0_

Institutional “B” (meter 1” to 1 ½”)___                    Group I 1.0/1.0____ Group II 2.0/2.0_

Institutional “C” (meter 2” and larger)_                   Group I 1.0/1.0____Group II 2.0/2.0_

Industrial Class “A”                                                        Group I 5.0/5.0          Group II 10.0/10.0

Industrial Class “B”                                                        Group I 3.0/3.0          Group II 6.0/6.0_

Industrial Class “C”                                                        Group I 2.0/2.0          Group II 4.0/4.0_

Summary:  The user charge program will provide a proportional annual charge for the users of the sanitary sewer based upon the volume, wastewater strength characteristics (CBOD & SS), and administration costs.  A minimum user charge for the initial usage of one thousand (1,000) gallons per month will be assessed to all users as the wastewater service availability charge, plus a variable user charge for the units cost of “X” dollars per 1,000 gallons/month for usage in excess of the base charge.  The debt service charge and sewer reserve charge will also be assessed on a minimum user charge basis for the initial usage of one thousand (1,000) gallons per month will be assessed to all as the wastewater service availability charge, plus a variable user charge for a unit cost of “X” dollars per 1,000 gallons/month for usage in excess of the base charge, with a surcharge for users located outside the Village corporation limits.

SECTION 9:  USER CHARGES:

Effective with the billing period starting on or around May 14th, 2012.  The base rate for sanitary sewer in Gambier shall be $10.02/1,000 gallons.  The minimum per quarter is determined by the size of the meter.  The following are the minimum sanitary sewer charges: for a 5/8”x¾” meter the minimum charges is 3,000 gallons per quarter, for a 1 to 11/2” meter the minimum charge is 6,000 gallons per quarter and for a 2” or larger meter the minimum charge is 20,000 gallons per quarter.

Based upon these tables, it can be determined that the project total cost for Operation, Maintenance and replacement for 2012 is $3.01/1,000 gallons plus $0.32/1,000 gallons for administration.  In addition, a debt service charge of $6.37/1,000 gallons equivalent user fee and sewer reserve charge of $0.32/1,000 gallons equivalent user fee are applicable.  The actual monthly user charge beginning May 2012 shall be as follows:

USER CLASS                                                            MINIMUM BILL                  CHARGES

Residential “A” (Meter 5/8”x ¾”)

Group I                                                         $30.06                                $10.02/1,000 gal.

Group II                                                       $60.12                                 $20.04/1,000 gal.

Residential “B” (Meter 1“ to 1 ½‘)

Group I                                                         $60.12                                 $10.02/1,000 gal.

Group II                                                       $120.24                               $20.04/1,000 gal.

Commercial “A” (Meter 5/8”x¾”)

Group I                                                        $30.06                                 $10.02/1,000 gal.

Group II                                                      $60.12                                  $20.04/1,000 gal.

Commercial “B” (Meter 1” to 1 ½“)

Group I                                                        $60.12                                  $10.02/1,000 gal.

Group II                                                      $120.24                                $20.04/1,000 gal.

Commercial “C” (Meter 2” and Larger)

Group I                                                       $200.40                                $10.02/1,000 gal.

Group II                                                    $400.80                                $20.04/1,000 gal.

Institutional “A” (Meter 5/8”x¾”)

Group I                                                       $30.06                                  $10.02/1,000 gal.

Group II                                                     $60.12                                   $20.04/1,000 gal.

Institutional “B” (Meter 1” to 1 ½”)

Group I                                                       $60.12                                   $10.02/1,000 gal.

Group II                                                     $120.24                                 $20.04/1,000 gal.

Institutional “C” (Meter 2” and Larger)

Group I                                                     $200.40                                 $10.02/1,000 gal.

Group II                                                   $400.80                                 $20.04/1,000 gal.

Industrial Class “A”

Group I                                                    $50.10 per meter inch          $10.02/1,000 gal.

Group II                                                   $135.30 per meter inch       $20.04/1,000 gal.

Industrial Class “B”

Group I                                                    $30.06 per meter inch         $10.02/1,000 gal.

Group II                                                  $81.18 per meter inch          $20.04/1,000 gal.

Industrial Class “C”

Group I                                                    $20.04 per meter inch         $10.02/1,000 gal.

Group II                                                  $54.12 per meter inch          $20.04/1,000 gal.

*usage in excess of 1,000 gallons/month.

SECTION 10:  RULES, REGULATIONS AND POLICY RE BILLING AND   PAYMENT OF WATER AND WASTEWATER CHARGES

The following rules, regulations and policy regarding billing and payment of wastewater charges shall apply to all USERS defined in Ordinance 1993-09 as if written therein:

I.  PAYMENT FOR USER SERVICES

A.  Billing for USER charges shall be made quarterly, and bills shall be mailed on or about the 20th day of the billing month.

B.  Payment for USER charge shall be due on the 5thday of the following  month which is March 5th, June 5th, September 5th and December 5th.

C.  In the event that USER charges are not paid on or before the 5th day of  the following month, a 10% penalty shall be added to the said charge.

D.  Delinquent USERS shall be notified of unpaid bills by written notice  mailed to the premises (as shown as the billing address for said USER charges) one month following the do date.

E.  In the event that USER charges are not paid by the date stated in the written notice, the water supplying USER’S premises shall be terminated.  Requests for exceptions to this rule must be made, to the Village Administrator prior to the shut off day.  The Administrator may delay shut off for a short period of time for payment to be made.  The Administrator shall determine to delay shut off on a case by case basis.

F.  In the event that USER charges are not paid within the date stated in the written notice, such charges shall be deemed  and are herby declared delinquent and therefore such delinquency shall constitute a  lien upon the real estate for which wastewater service is supplied, and  the Village Administrator shall be and is hereby authorized and directed      to file sworn statements showing each such delinquency in the Office of the Recorder of Deeds of Knox County, Ohio and the filing of such  statements shall be deemed notice of the lien for such USER charges.

G.  It is the duty of the USER to keep the Administrator’s office informed regarding the current mailing address of USER.   Failure of USER to receive billings for USER charge shall not excuse USER from  responsibility to pay said USER charges or liability therefore.

II.  MULTIPLE DWELLING USER’S CHARGES

A.  Property owners offering separate dwelling quarters (apartments) for rent or lease will be billed USER charges for each apartment or  separate dwellings, whether such dwelling is occupied or empty, unless a separate meter to measure water usage is provided for each apartment dwelling.

B.  If an apartment or dwelling space has its own water meter, then an owner may notify the Village, in writing, of temporary vacancies and the Village will turn off the water and charge only the debt service portion of the bill, until the Village is notified, in writing, to turn the  water on and the said water is, in fact, turned on.  A $25.00 shut off fee  and a $25.00 turn on fee shall be added to the USER charge each time a  metered unit is turned off and on.

C.  If each apartment or dwelling unit is metered, bills for USER charges will be sent directly to tenants, upon written request from the property  owner.  However, the property owner shall be primarily and personally  liable for payments of the USER charge and in the event that such USER charges are not timely paid and become a lien, the said lien shall  be against the real property owned by the property owner.

III.  TEMPORARY SHUT-OFF FOR VACATIONS AND OTHER TEMPORARY VACANCIES

A.  In the event that USER desires to have USER charges removed for periods during which the USER premises are vacant du to vacations or some other reason, upon USER’S notice to the Village, the Village will cause the water at the USER premises to be turned off and upon  notice by the USER to the Village , the Village shall have the USER  water turned on again.  The USER shall pay only the debt service and debt service reserve portion of the bill, during the period in which the  water is turned off.  A $25.00 charge shall be added to the USER  charge each time the water is turned back on.  This paragraph shall not apply to multiple unit dwellings, the policy for such units being set forth in Section II, above.

IV.  METER POLICY

A.  Property owners shall be required to provide access and right of ingress  and egress to the Village of Gambier, its agents, employees and  designated representatives, to each property served by the Village for  the purpose of installing, maintaining, checking or removing meters.

B.  Property owners shall be responsible for any meter damage whatsoever  which occurs and shall be charged for the cost of repairs and replacement.

C.  Charges for the initial meter purchase and installation shall be paid  prior to installation.  Charges for repair or replacement of damaged meters shall be billed to the first billing period after such repair or replacement.  The Village shall have the right, at all times, to change, replace, repair, remove or upgrade any or all meters in the Village       system at any time.

D.  In case of meter malfunction, the previous year’s average for a similar  billing period will be used.

SECTION 11:  GREASE TRAPS

That all restaurants or building with food service operations shall have installed a separate discharge line and Grease Trap from all sinks, disposals and food service cleaning equipment.  Grease Traps shall be cleaned regularly.  Food products and used grease shall be disposed of by separate means and shall not be discharged into the wastewater system.

SECTION 12:  INDUSTRIAL WASTE

The Council hereby finds and determines that there are currently no industrial waste discharged in the system and if at a future time any premises should discharge industrial waste or waste produced by any commercial user either directly or indirectly in the system, then a charge for such waste shall be established by the Council in an amount which is fair and equitable to provide for the costs of treatment of such wastes.

SECTION 13:  PROHIBITED DISCHARGE

The discharge of no acceptable industrial, commercial or nonresidential wastes, as hereinafter defined, in the wastewater system, whether directly or indirectly, is hereby prohibited.  Where investigation reveals the presence in the wastewater system of no acceptable wastes emanating from any lot, land, building or premises. Located within or outside the corporate limits of the Village of Gambier, the owner, and/or lesser, renter or occupant of said lot, land, building or premises shall be required to treat, neutralize, or in other ways prepare the substance therein, to the satisfaction of the Village Council, in order to convert the same into acceptable wastes.

SECTION 14:  PREMISES LOCATED OUTSIDE THE VILLAGE CORPORATION LIMITS

Premises located outside the corporation limit of the Village, which are served by the Wastewater System, shall be charged 200% of the rate which would be applicable to such premises under this Ordinance if such premises were located within the corporate limits of the Village.

SECTION 15:  ADDITIONAL CHARGES

That over and above the rates and charges established by this Ordinance, there may be established in special instances and upon special agreement between the Village and the owner of any premises served by the wastewater system, such additional charges for wastes of unusual strength or composition which are accepted by the Village for treatment as may be determined to be fair and equitable.  Each such special agreement and the charges established thereby shall not become effective until ratified by Ordinance duly passed by the Council of the Village of Gambier.

SECTION 16:  ADMINISTRATIVE

The Village Administrator shall make and enforce such rules and regulations as he/she deem necessary for the enforcement of the provisions hereof, for the proper determination and collection of the rates and charges herein provided, and for the safe efficient and economical management and protection of the system;  and such rules and regulations, when not repugnant to existing ordinances of the Village or laws of the State of Ohio shall have the same force and effect as ordinances of Council.

SECTION 17:  DEFINITIONS

That for the purpose of this Ordinance the terms shall be defined as follows:

“Sanitary Sewage” is hereby defined as the waste from water closets, urinals, lavatories, sinks, bath tubs, showers, cellar floor drains, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips and drinking fountains, and any other water-borne waste not constituting any industrial waste.

“Acceptable Industrial Waste” are herein defined as being liquid organic waste materials not containing toxic or explosive elements or other substances injurious to sewers or sewage treatment processes, which result from any commercial, manufacturing or industrial operation or process.

“Non-acceptable Industrial Wastes” are herein defined as being liquid waste in which are incorporated minerals, oil, acid, toxic metallic or chemical substances, resulting from any commercial, manufacturing or industrial operation or process.

“Commercial Used” shall include all premises within the Village used for other than solely residential purposes or any other purposes specified in any other section of this Ordinance on the date of passage of this Ordinance, including, but not limited to, such as stores; shops; professional and business offices’; barber and beauty shops; filling stations; sales; service and repair garages; Laundromats; churches; financial institutions; and other premises providing retail service or products.

SECTION 18:  PENALTIES

That any person, firm or corporation who connects or causes to be connected any premises owned by him/her to the wastewater System or who violates any section of this ordinance shall be deemed guilty of a first degree misdemeanor, and each and every day such connection or violation exists shall be deemed a separate offense.

SECTION 19: SAVING CLAUSE

If any provisions, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections or articles shall not be affected and shall continue in full force and effect.

SECTION 20:  REPLACEMENT ORDINANCE

This Ordinance shall replace and supersede Village Ordinance 1989-07, 1990-03,

1993-05, 2003-11, 2004-01, 2005-09, 2006-08 and 2007-11.

SECTION: 21:  APPROVAL

Upon passage and approval, this ordinance shall take effect and be in full force from and after the earliest date allowed by law.

Passed This 10th Day of September, 2012.

APPROVED:

Kirk Emmert, Mayor

ATTEST:

Mary Samuell, Clerk-Treasurer


 ORDINANCE 2012-05

AN ORDINANCE TO ESTABLISH FOR ONE YEAR ONLY A CHANGE TO ORDINANCES 2005-07 AND 2005-08 FOR THE ANNUAL WATER AND WASTEWATER RATES

WHEREAS, the Council of the Village of Gambier has determined that it is necessary to increase the Revenue of the Municipal Wastewater System and

NOW, THEREFORE; be it ordained by the Council of the Village of Gambier, Knox County, Ohio as follows:

Effective with the billing period starting on or about May 14, 2012, for one year the Village of Gambier finds it necessary to change the annual increase for the Wastewater. The Village of Gambier will not increase the Water rate for year starting on or about May 14, 2012. The one year increase for Wastewater will be eight (8) percent.

This ordinance shall take effect and be in force from and after its passage and approval by the Mayor, or at the earliest period allowable by law.

Passed this 7th day of May, 2012

APPROVED:

Kirk Emmert, Mayor

ATTEST:

Mary Samuell, Clerk-Treasurer