AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES
AND CHARGES COLLECTED BY THE TOWN OF PLAINFIELD,
INDIANA, FROM THE OWNERS OF PROPERTY SERVED BY THE
SEWAGE WORKS OF SAID TOWN, REPEALING ORDINANCE 4-94,
AND OTHER MATTERS CONNECTED THEREWITH.
WHEREAS, the Town has heretofore constructed and has in operation sewage works system for the purpose of collecting and disposing of the sewage of the Town in a sanitary manner and has heretofore constructed improvements financed in part by grants from the U.S. Environmental Protection Agency and the State of Indiana and in part by revenue bonds to fund that portion not covered by grants; and
WHEREAS, the Town desires to increase the capacity of its sewage works system and to provide for other improvements to its sewage works system; and
WHEREAS, the Town will sell revenue bonds to fund a portion of the cost of construction of said improvements to the sewage works system; and
WHEREAS, an examination of the existing schedule of rates and charges heretofore fixed by ordinances of the Town has revealed that the schedule will not produce sufficient revenue to (1) pay costs of construction and Operation and Maintenance Costs for necessary replacements and improvements to the sewage works system and (2) pay the principal and interest on proposed and outstanding revenue bonds in accordance with the applicable bond ordinance; and
WHEREAS, it is necessary to establish a new schedule of rates and charges so as to produce sufficient revenue to pay expenses of maintenance and operation, and to provide funds for necessary replacements and improvements to the sewage works system, all in a manner in accordance with guidelines of the U.S. Environmental Protection Agency, and to pay the principal and interest on proposed and outstanding revenue bonds in accordance with the applicable bond ordinance;
WHEREAS, it is deemed necessary to repeal and replace Ordinance 4-94 in its entirety.
BE IT ORDAINED BY THE Town Council of the Town of Plainfield, Indiana;
(a)
"Town" shall mean the Town of Plainfield, Indiana, acting by and through the Town Council.
(b)
"BOD" or "Biochemical Oxygen Demand" shall have the same meaning as defined in the Sewer Use Ordinance.
(c)
"Town Council" shall mean the Town Council of the Town of Plainfield, Indiana, or any duly authorized officials acting on its behalf.
(d)
"Excessive Strength Surcharge" shall mean an additional charge which is billed to users for treating Sewage with an average strength in excess of "Normal Domestic Sewage".
(e)
"Industrial Wastes" shall mean the wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences.
(f)
"NPDES Permit" shall have the same meaning as defined in the Sewer Use Ordinance.
(g)
"Normal Domestic Sewage" (for the purpose of determining surcharges) shall mean wastewater or sewage having an average daily concentration as follows:
BOD not more than 250 mg/1
S.S. not more than 250 mg/1
NH -N not more than 15 mg/1
As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from wastes from industrial processes.
(h)
"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.)
(i)
"Other Service Charges" shall mean Connection Fees, Availability Fees, inspection fees, and other identifiable charges other than User Charges and Excessive Strength Surcharges.
(j)
"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.
(k)
"Replacement Costs" shall mean the expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the sewage works system to maintain the capacity and performance for which such works were designed and constructed.
(l)
"S.S." or "Suspended Solids" shall have the same meaning as defined in the Sewer Use Ordinances.
(m)
"Shall" is mandatory; "may" is permissive.
(n)
"Sewage" shall have the same meaning as defined in the Sewer Use Ordinance.
(o)
"Sewer Use Ordinance" shall mean Ordinance No. 3-86, which regulates the connection to and use of public and private sewers.
(p)
"User Charges" shall mean charges levied on users of the sewage works system for the cost of operation and maintenance of such works pursuant to Section 204(b) of Public Law 92-500 and for debt service costs to recover principal and interest on all proposed and outstanding revenue bonds or other long-term capital debt.
(q)
Residential User
shall mean a user of the sewage works system whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, etc.
Commercial User
shall mean any establishment involved in a commercial enterprise, business or service which based on a determination by the Town discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
Institutional User
shall mean any established involved in a social, charitable, religious, and/or educational function which, based on a determination by the Town discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
Governmental User
shall mean any Federal, State or local governmental user of the sewage works system.
Industrial User
shall mean any manufacturing or processing facility that discharges industrial waste to a sewage works system.
(r)
"Deerpath Residential Units" shall mean the former customers of Deer Path Utilities who now utilize the Town's sewage works system.
Section 2. Every person whose premises are served by said sewage works system shall be charged for the services provided. These charges are established for each User Class, as defined, in order that the sewage works system shall recover, from each user and User Class, revenue which is proportional to its use of the sewage works system in terms of volume and load. User Charges are levied to defray the cost of operation and maintenance (including replacement) of the sewage works system. User Charges shall be uniform in magnitude within a User Class. User Charges are subject to the rules and regulations adopted by the United States Environmental Protection Agency. Replacement Costs, which are recovered through the system of User Charges, shall be based upon the expected useful life of the sewage works equipment.
(a) Metered Users
1) Treatment Rate (per 1,000 gallons of usage per month):
User Charges
Phase I
Phase II
Metered Users
$2.97
$3.50
2) Base Rate (per month based on size of water meter)
User Charges
Water Meter Size
Phase I
Phase II
5/8 - 3/4 inch
$ 3.55
$ 4.20
1 inch
$ 6.60
$ 7.80
1 ¼ inch
$ 9.65
$11.40
1 ½ inch
$13.15
$15.50
2 inch
$21.80
$25.70
3 inch
$48.15
$56.80
4 inch
$82.65
$97.55
6 inch
$186.15
$219.65
8 inch
$330.00
$389.40
(b) Unmetered Users:
For users of the sewage works system that are unmetered water users or accurate meter readings are not available, the monthly charge shall be determined as an average of single family dwelling units, except as herein provided. Sewage service bills shall be rendered once each month (or period equaling a month). The Phase I rates and charges shall be effective from the date hereof through February 29, 2004. The Phase II rates and charges shall be effective commencing March 1, 2004 and thereafter. The schedule on which said rates and charges were determined is based on 6,000 gallons usage and is as follows:
For the service rendered to the Town, the Town shall be subject to the same rates and charges hereinabove provided, or to charges and rates established in harmony therewith.
In order to recover the cost of monitoring industrial wastes, the Town shall charge the user the actual cost of monitoring but not less than $25.00 per sampling event. This charge will be reviewed on the same basis as all other rates and charges in this Ordinance.
(a)
In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the Town's sewage works system, either directly or indirectly, is not a user of water supplied by the water utility serving the Town and the water used thereon or therein in not measured by a water meter, or is measured by a water meter not acceptable to the Town, then the amount or water used shall be otherwise measured or determined by the Town. In order to ascertain the rate or charge provided in this Ordinance, 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 Town for the determining of sewage discharge.
(b)
In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial sewage wastes, water or other liquids into the Town's sewage works system, either directly or indirectly, is a user of water supplied by the water utility serving the Town, and in addition, is a user of water from another resource which is not measured by a water meter or is measured by a meter not acceptable to the Town, then the amount of water used shall be otherwise measured or determined by the Town. In order to ascertain the rates or charges, the owner or other interested parties shall, at his expense, install and maintain metes, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the Town for the determination of sewage discharge.
(c)
In the event two or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, industrial sewage, water or other liquids into the Town's sewage works system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the quantity of water used shall be averaged for each user and the base charge and the flow rates and charges shall apply to each of the number of residential lots, parcels of real estate or buildings served through the single water meter.
(d)
In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial sewage waste, water or other liquids into the Town's sewage system, either directly or indirectly, and uses water in excess of 10,000 gallons per month, and it can be shown to the satisfaction of the Town that a portion of water as measured by the water meter or meters does not and cannot enter the swage works 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 Town for the determination of sewage discharge.
(e)
Where a metered water supply is used for fire protection as well as for other uses, the Town may, in its discretion, make adjustments in the User Charges as may be equitable.
(a)
(1) Rate Surcharge Based Upon Suspended Solids
There shall be an additional charge of 10 cents per pound of Suspended Solids for Suspended Solids received in excess of 250 milligrams per liter of fluid.
(2) Rate Surcharge Based Upon BOD
There shall be an additional charge of 10 cents per pound of BOD for BOD received in excess of 250 milligrams per liter of fluid.
(3) Rate Surcharge Based Upon NH – N
There shall be an additional charge of 67 cents per pound of nitrogen for NH - N received in excess of 15 milligrams per liter of fluid.
(b)
The determination of Suspended Solids and five-day Biochemical Demand contained in the waste shall be in accordance with the current addition of "Standard Methods for the Examination of Water, Sewage and Industrial Wastes", as written by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
(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 requested in writing by the owner, but such billing shall in no way relieve the owner from the liability in the event payment is not made as herein required. The owners of properties served, which are occupied by a tenant or tenants, shall have the right to examine the collection records of the Town 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)
As provided by statute, 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 or charges shall thereupon attach thereto. The time at which such rates or charges shall be paid is now fixed at fifteen (15) days after the date of mailing of the bill.
Section 7. In order that the rates and charges for sewage works services may remain fair and equitable and be in proportion to the cost of providing services to the various uses of User Classes, the Town shall cause a study to be made within a reasonable period of time following the first 2 years of operation, following the date on which this Ordinance 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 system and the adequacy of its revenue to provide reasonable funds for the operation and maintenance, replacements, debt service requirements and capital improvements to the sewage works system. Thereafter, on a biennial basis, within a reasonable period of time following the normal accounting period, the Town shall cause a study to be made for the purpose of reviewing (a) the sufficiency of the revenues to properly operate the sewage works system and all appurtenances attached thereto; and (b) maintaining proportionality among the User Classes of the rates and charges for sewage works services.
Said studies shall be conducted by officers or employees of the Town, 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 Town shall determine to be best under the circumstances.
Section 8. The Town shall make and enforce such by-laws and regulations as may be deemed necessary for the safe, economical and efficient management of the Town's sewage works system for the construction and use of house sewers and connections to the sewage treatment works, for the construction and use of house sewers and connection to the sewage works system, and for the regulation, collection, rebating and refunding of such rates and charges. No free service shall be provided to any user of the waste water treatment facility or the sewage works system.
The Town, in its sole discretion, is hereby authorized to prohibit dumping of Sewage and wastes into the Town's sewage works system which, the Town deems harmful to the operation of the sewage works system of the Town, or the Town may require the use of methods affecting pretreatment standards included in the NPDES Permit issued to the sewage works system.
Section 9. The Town Council is hereby further authorized to enter into special rate contracts with users of the sewage works system where clearly definable costs to the sewage works system can be determined, and such special contract rates are based on such costs.
(a)
(1)
"Treatment Availability Fee" is the charge to a user for a new or additional connection to the Town's sewage works system and is charged in return for the Town making available to such user the Town's sewage treatment system consisting of all facilities and operations necessary to treat sewage of such user. The amount of the Treatment Availability Fee shall be as follows:
Residential User
All Others Users
$1,325 per EDU
$1,325 per EDU
(2)
"Conveyance System Fee" is the charge to a user for a new or additional connection to the Town's sewage works system and is charged as a pro rata cost of construction of all interceptor sewer lines and appurtenances to serve the property of the connecting user. The Conveyance System Fee shall be as follows:
Residential User
All Others Users
$590 per EDU
$590 per EDU
Where a project charge or recoupment agreement charge has been established prior to the date of this Ordinance, the project charge or recoupment agreement charge shall apply. The cost of conveyance systems constructed after the date of this Ordinance by someone other than the Town under a written agreement with the Town may be credited against the Conveyance System Fee. The decision to allow such credit and the amount of the credit shall be made solely at the discretion of the Town.
(3)
"Connection/Inspection Fee" is the charge to a user for a new or additional connection to the Town's sewage works system and is charged as a part of the pro rata cost of construction of all local and/or lateral sewer lines adequate to serve the property of the connecting user and for the cost of inspecting said connection to the sewage works. The Connection/Inspection Fee shall be as follows:
Residential User
All Others Users
$375
$785
(4)
"Repair Inspection Fee" is the charge to a user for inspecting a needed repair or replacement of an existing lateral sewer line. The Repair Inspection Fee shall be as follows:
Residential User
All Others Users
$50
$100
(b)
(1)
For new construction, the Treatment Availability Fee, the Conveyance System Fee and Connection/Inspection Fee shall be paid in full before the issuance of a building permit;
(2)
For all new or additional users not qualifying as "new construction" and not qualifying under Section 10(b) of the Ordinance, the Treatment Availability Fee, the Conveyance System Fee and Connection/Inspection Fee shall be paid in full before the new or additional connection is made to the Town's sewage system;
(3)
For all users qualifying under Section 10(b) of the Original Ordinance, the Treatment Availability Fee, the Conveyance System Fee and Connection/Inspection Fee shall be paid in accordance with the provisions of Section 10(b) of the Original Ordinance and any other provisions of the Original Ordinance applicable thereto.
(4)
For all users repairing or replacing a lateral sewer line, the Repair Inspection Fee shall be paid in full before issuance of a repair permit.
Section 11. That the rules and regulations promulgated by the Town, after being approved by the Town Council shall, among other things, provide for an appeal procedure whereby a user shall have the right to appeal a decision of the administrator of the sewage works system and the User Charges system to the Town Council and that any decision concerning the sewage works system or User Charges of the Town Council may be appealed to the circuit court of the county under the appeal procedures provided for in the Indiana Administrative Adjudication Act.
Section 12. The rates and charges as herein set forth shall become effective on the first full billing period occurring after the adoption of this ordinance.
Section 13. This Ordinance replaces and supercedes Ordinance 4-94 and upon adoption and passage of this Ordinance by the Town of Plainfield, Ordinance 4-94 shall be specifically repealed.
Section 14. The invalidity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts.
This Ordinance shall be in full force and effect from and after its passage.
Passed and adopted by the Town Council of the Town of Plainfield, Indiana, on the ___ day of _______________, 2003.
TOWN COUNCIL, TOWN OF PLAINFIELD
HENDRICKS COUNTY, INDIANA:
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PLAINFIELD, INDIANA ADOPTING THE AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY GUIDELINES FOR STANDARDS FOR ACCESSIBLE DESIGN AND GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY
