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| Title 10:
Public Utilities |
Chapter 10.01 —
PROTECTING THE PUBLIC WATER SYSTEM
Sections:
10.01.010 Definitions
10.01.020 Water Supply
10.01.030 Inspections
10.01.040 Right of Entry
10.01.050 Discontinuance of Water
10.01.060 Emergency Discontinuance
10.01.070 Reduced-Pressure-Principal Backflow Prevention
Device
10.01.080 Supplementary to State of Indiana Uniform Plumbing
Code
10.01.090 Violations and Penalties
10.01.010 Definitions. The following definitions in this section apply
throughout this ordinance:
- Approved check valve - A check valve of substantial construction
and suitable materials that is positive in closing and permits no
backage in a direction reverse to the normal flow.
- Cross connection - Any physical connection or arrangement between two otherwise separate systems, one of which contains
potable water from the Town of Ferdinand water system, and the
other, water from a private source, water of unknown or
questionable safety, or steam, gases, or chemicals, whereby there
may be a flow from one system to the other, the direction of flow
depending on the pressure differential between the two systems.
- Person - Any person, firm association, organization, partnership,
trust, or association of persons, joint venture, corporation, or
company, and includes the United States, the State of Indiana, and
any officer or agent thereof.
- Potable water - Water that is safe for drinking, personal, or culinary
use.
- Reduced-pressure-principle backflow prevention device - A device
containing a minimum of two independently acting, approved
check valves, together with an automatically operated pressure
differential relief valve locate between the two check valves. During
normal flow and at the cessation of normal flow, the pressure
between these two checks shall be less than the upstream (supply)
pressure. In case of leakage of either check valve, the differential
relief valve, by discharging to the atmosphere, shall operate to
maintain the pressure between the checks at less than the supply
pressure. The unit must include tightly closing shutoff valves
located at each end of the device, and each device shall be fitted
with properly located test cocks. (Ord. 89-4 S1, 1989)
10.01.020 Water Supply. No person shall establish or permit to be established
or maintain or permit to be maintained any cross connection. No interconnection
shall be established whereby potable water from a private, auxiliary, or emergency
water supply other than the regular public water supply of the Town of Ferdinand
may enter the supply or distribution system of said municipality unless such
private, auxiliary, or emergency water supply and the method of connection and
use of such supply shall have been approved by the Town of Ferdinand and by
the Indiana Environmental Management Board in accordance with Rule 320 IAC
3-9. (Ord. 89-4 S2, 1989)
10.01.030 Inspections. The Town of Ferdinand shall cause inspections to be
made of all properties served by the public water system where cross connections
with the public water system are deemed possible by the Town. Inspections,
reinspections, and the frequency thereof, shall be determined solely by the Town.
(Ord. 89-4 S3, 1989)
10.01.040 Right of Entry. A representative of the Town of Ferdinand shall
have the right of entry at any reasonable time to examine any property served by a
connection to the public water system of the Town of Ferdinand for cross
connections. On request, the owner, lessee, or occupant of any property shall
furnish to the Town any pertinent information regarding the piping system or
systems on such property. Refusal to allow access or refusal to provide requested
pertinent information shall be deemed evidence of the presence of cross
connections. (Ord. 89-4 S4, 1989)
10.01.050 Discontinuance of Water. The Town of Ferdinand is authorized to
discontinue water service to any property wherein any connection in violation of
this ordinance exists, and is authorized to take such other precautionary measures
deemed necessary to eliminate any danger of contamination of the public water
system. Water service shall be discontinued only after reasonable notice is served
on the owner, lessee, or occupants of the property or premises where a violation
is found or suspected to exist. The Town is authorized to withhold restoration of
water service to such property until the cross connection(s) has been eliminated
in compliance with the provisions of this ordinance. (Ord. 89-4 S5, 1989)
10.01.060 Emergency Discontinuance. If it is deemed by the Town of
Ferdinand that a cross connection or an emergency endangers public health,
safety, or welfare and requires immediate action, and a written notice to that
effect is delivered to the property or premises, service may be immediately
discontinued. The owner, lessee, or occupants of the property or premises shall
have an opportunity for hearing within ten (10) days of such emergency
discontinuance. (Ord. 89-4 S6, 1989)
10.01.070 Reduced-Pressure-Principal Backflow Prevention Device. All
persons using toxic or hazardous liquids, all hospitals, mortuaries, non-municipal
waste water treatment plants, laboratories, and all other hazardous users shall
install and maintain a reduced-pressure-principal backflow prevention device in
the main water line serving each building on the property or premises. The
backflow preventer must be installed in an easily accessible location not subject
to flooding or freezing. (Ord. 89-4 S7, 1989)
10.01.080 Supplementary to State of Indiana Uniform Plumbing Code. This chapter (ordinance) does not supersede the State of Indiana Uniform
Plumbing Code, but is supplementary to it. (Ord. 89-4 S8, 1989)
10.01.090 Violations and Penalties.
- In addition or as an alternative to discontinuance of water service as
provided in Section 10.01.050, the Town of Ferdinand is authorized
to notify in writing any person found to be in violation of the
provisions of this ordinance, which notice shall state the nature of
the violation and provide a time limit for the satisfactory correction
thereof. The offender shall, within the period of time stated in such
notice, permanently cease all violations.
- Any person who shall continue any violation beyond the time limit
provided for in Section 10.01.090(a) shall be subject to a fine of Twenty Dollars ($20.00) per day for each day the violation continues
commencing with the date of the notice.
- Any person found to be in violation of the provisions of this chapter
(ordinance) shall be liable to the Town for any costs, expenses,
losses, or damages occasioned by the Town by reason of such
violation or its enforcement of this ordinance, including all
reasonable attorney's fees.
- In addition to or as an alternative to recovery of fines, costs,
expenses, losses or damages, the Town may apply to the appropriate
Court for an order seeking the elimination of any cross connection.
(Ord. 89-4 S9, 1989)
Chapter 10.02 —
WATER RATES AND CHARGES
Sections:
10.02.010 Metered User Block Schedule
10.02.020 Metered User Minimum Schedule
10.02.030 Fire Protection Service
10.02.040 Fire Protection Surcharge
10.02.050 Temporary Users
10.02.060 Connection Charge
10.02.070 Reconnection Charge
10.02.080 Wholesale for Resale
10.02.090 Customer Meter Deposit
10.02.100 Collection and Deferred Payment Charges
10.02.110 Delinquent Payment-Disconnection
10.02.120 Removal from Indiana Utility Regulatory Commission
(IURC)
There shall be and there are hereby established for the use of and the services
rendered by the Waterworks Utility of the Town of Ferdinand, Indiana, the
following rates and charges, based on the use of water supplied by said
waterworks system:
10.02.010 Metered User Block Schedule. For use of and service rendered
by the waterworks system of the Town, based on the use of water supplied by
said waterworks system:
Consumption Per Month Rate per 1,000 gallons
First 2,500 gallons $ 6.43
Next 7,500 gallons 4.95
Next 20,000 gallons 4.67
Next 30,000 gallons 4.37
Next 60,000 gallons 3.92
Over 120,000 gallons 3.47
(Ord. 2004-17, S1, Dec. 29, 2004) (Ord. 95-2, S1, 1995) (Ord. 93-6 S1, 1993)
(Ord. 91-3 S1, 1991) (Ord. 0-86-5)
10.02.020 Metered User Minimum Schedule. Each user shall pay a
minimum charge in accordance with the following applicable size of meter
installed, based on the prevailing water rates.
Meter Size Minimum Gallonage Minimum Charge
5/8-3/4 inch 2,500 $ 16.08
1 inch 5,616 31.50
1 1/4 inch 9,488 50.67
1 1/2 inch 14,401 73.76
2 inch 28,147 137.96
3 inch 74,543 334.72
4 inch 162,238 659.48
(Ord. 2004-17, S2, Dec. 29, 2004) (Ord. 95-2, S2, 1995) (Ord. 93-6 S2, 1993)
(Ord. 91-3 S1, 1991) (Ord. 0-86-5)
10.02.030 Fire Protection Service.
Charge Per Annum
Municipal Hydrants, per hydrant $255.23
Private Hydrants, per hydrant 255.23
Automatic Sprinklers:
2 inch connection $ 88.35
4 inch connection 176.71
6 inch connection 255.23
(Ord. 95-2, S3, 1995)
10.02.040 Fire Protection Surcharge.
Service rendered outside the corporate limits $3.52 per month
(Ord. 95-2, S4, 1995) (Ord. 91-3 S1, 1991) (Ord. 0-86-5)
10.02.050 Temporary Users. Water furnished to temporary users such as
contractors shall be charged on the basis of the metered rates hereinbefore set
forth as estimated and established by the Waterworks Superintendent. (Ord. 0-
86-5)
10.02.060 Connection Charge. $850.00
Each user at the time of application for service with the water works system shall
pay the connection fee to cover the costs of excavating and tapping the main and
furnishing and installing a meter pit, yoke, back flow prevention, valve, meter and
lid. Costs that exceed the connection fee will be assessed and billed to the
customer upon completion of the installation and restoration of properties
including but not limited to the roadway and curb. (Ord. 2004-17, S3, Dec. 29,
2004) (Ord. 97-2, S1, 1997) (Ord. 0-86-5)
10.02.070 Reconnection Charge. When the service is disconnected for nonpayment,
or for any other reason beyond the control of the Utility, requiring a reconnection
of services, a charge for such re-connection will be made. The charge,
together with any arrears due the Utility, shall be paid prior to re-connection. The
charge shall be Twenty Dollars ($20.00), unless a re-connection is requested after
normal business hours, in which event, the charge is Sixty Dollars ($60.00). (Ord.
2003-07, S1, June 11, 2003) (Ord. 95-2, S5, 1995) (Ord. 0-86-5)
10.02.080 Wholesale for Resale.
All metered consumption $ 2.5903 per 1,000 gallons
Minimum charge (35,000 gallons per month) $90.66 per month
(Ord. 2004-17, S4, Dec. 29, 2004) (Ord. 2003-04, S1, Mar. 12, 2003) (Ord. 91-3 S1,
1991)
10.02.090 Customer Security Deposit. $100.00
Said deposit shall be made by all customers making application for the respective
service, when such customer, who shall be responsible for the monthly billing,
does not own the property for which the service is sought. Said respective
deposits, less the amount of any current and/or delinquent bills owing, shall be
refunded to said customer at such time as said customer requests disconnection
or termination of the respective service or at the conclusion of five (5) years of
continuous service without any delinquent bills. (Ord. 99-17, S1, Dec. 15, 1999)
(Ord. 92-10, S1, 1992) (Ord. 91-6 S1, 1991) (Ord. 0-86-5)
The Town’s Utility Clerk shall make such refunds to all existing customers within
sixty (60) days hereof, without interest, by payment of some or all of the deposit,
or by crediting some or all of the deposit against any current or future amounts
due the Town providing all sums are paid or credited within sixty (60) days. (Ord.
99-17, S2, Dec. 15, 1999)
Any future refund owed to an existing utility customer shall be paid by the Town’s
Utility Clerk, without interest, to the utility customer by payment of some or all of
the deposit, or by crediting some or all of the deposit against the customer’s
current or next utility bill, providing any remaining deposit not so credited is then
paid to the customer. (Ord. 99-17, S3, Dec. 15, 1999)
10.02.100 Collection and Deferred Payment Charges. All Utility bills notpaid within fifteen (15) days from their due date as stated on such bill, shall be
subject to a collection and deferred payment charge of Ten Percent (10%) of the
first Three Dollars ($3.00) and Three Percent (3%) on the amount in excess of
Three Dollars ($3.00). Any payment made by a check which is returned by the
maker's bank for insufficient funds or for any reason will be considered a nonpayment,
and in addition to the above charges, an additional service charge of
Ten Dollars ($10.00), plus any bank charges will be due the Utility. (Ord. 2003-07,
S4, June 11, 2003) (Ord. 91-3, S1, 1991) (Ord. 0-86-5)
10.02.110 Delinquent Payment-Disconnection. All bills for said water
service are due and payable on the 1st day of the month after the billing month
and become delinquent after the 10th day of said month, and the penalty set out
in the paragraph above is applicable; immediately, thereafter a notice of
delinquency shall be mailed to each delinquent customer as of the 10th day of
said month, informing said customer that unless said delinquent bill, plus penalty
is not satisfied in full within ten (10) or fourteen (14) days thereafter, the
respective service for which said delinquency is applicable shall be disconnected
and shall not be reconnected until said delinquent bill, plus penalty and the
reconnection charge is paid in full. A notice of delinquency may also be mailed to
the owner of the property served if different from the customer and shall be
mailed if the owner makes written request for such notification, indicating that he
is the owner and indicating the address where notice is to be sent.
In case of delinquent or non-payment of Sanitary Sewer bills or charges, the
foregoing notice shall be given ten (10) or fourteen (14) days prior to
disconnection of water service, as required and provided by law.
The ten (10) day grace period prior to disconnection shall be effective from April 1
to November 1 of each year. The fourteen (14) day grace period prior to
disconnection shall be effective from November 1 to April 1 of each year. (Ord.
92-10, S2, 1992) (Ord. 91-3 S1, 1991) (Ord. 0-86-5)
10.02.120 Removal from Indiana Utility Regulatory Commission (IURC). The Ferdinand Municipal Water Utility is hereby removed from the jurisdiction of
the Indiana Utility Regulatory Commission for the approval of rates and charges
and of the issuance of stocks, bonds, notes, or other evidence of indebtedness.
(Ord. 90-12 S1, 1990)
Chapter 10.03 —
CONNECTION AND USE OF WATER SYSTEM
Sections:
10.03.010 Connections
10.03.020 Application for Utilities
10.03.030 Maintenance of Service Lines
10.03.040 Prior Approval of Water Mains
10.03.050 Larger Service Mains
10.03.060 Temporary Service
10.03.010 Connections. No unauthorized person shall uncover, make any
connections with, use, alter, or disturb any municipal water facility, including but
not limited to, lines and meters. Persons requesting or using a service connection
for water service shall supply and maintain to the satisfaction of the Town, the
customer service line to the meter and shall also maintain the surface height of the
ground around the meter and the meter lid to the Town's satisfaction. The Town
will make all taps, tubing connections and will provide the meter set to the height
desired by the customer and will maintain the meter and the service line from the
meter to the Town's water main. The Town will not set the meter on the
customer's property more than twelve feet (12') beyond the customer's property
line and will not be responsible for any yard or other repair to the customer's
property caused by setting or maintaining the meter. The Town will install service
lines only within streets or other rights-of-way accepted by the Town. (Ord. 89-5
S1, 1989)
10.03.020 Application for Utilities (See Attachment). Persons requesting a
water service connection for purposes of service, shall, prior to commencement of
construction and at least fourteen (14) days prior to the date service is desired,
complete and file with the Utility Clerk, an "Application for Utilities", a copy of
which is attached to this chapter (ordinance). (Ord. 89-5 S2, 1989)
10.03.030 Maintenance of Service Lines. Notwithstanding Section
10.03.010, customer services lines installed prior to January 1, 1976, must be
maintained by the customer to the yard side of the curb or edge of the street
where no curb exists. The Town will maintain only the meter. (Ord. 89-5 S3,
1989)
10.03.040 Prior Approval of Water Mains. Notwithstanding Section
10.03.010, in new developments where the water main cannot be reasonably
constructed within the platted or reserved right-of-way of any street accepted by
the Town as of January 1, 1988, or where existing mains are to be re-located, the
developer shall submit detailed drawings to the Superintendent for prior approval.
The developer shall be responsible for installation of all water mains installed to
the Town's specifications and as set forth in the drawings and inspected and
approved by the Town prior to acceptance. Final "as built" plans must be filed
with the Town as a condition for acceptance. The developer is deemed to have
given the Town a warranty for one year from the date of the Town'sacceptance,
assuring that the mains are of sufficient quality and are installed so as to work
properly for the period of the warranty. All residential water mains must be at
least six inches in diameter, all industrial water mains must be at least eight inches
in diameter, and all mains must have a "Class 900 PVC SDR 18 150 PSI" or "200 Cast
Iron and Ductile Iron 150 PSI" industry standard classification. All valves shall be
installed at locations specified by the Water Utility Superintendent. All mains
must have at least three and one-half feet (3 1/2') of suitable cover and have
provision for installation of fire hydrants by the Town every five hundred feet
(500'). (Ord. 89-5 S4, 1989)
10.03.050 Larger Service Mains. Notwithstanding Section 10.03.010,
customers desiring larger service lines or mains for sprinkler or other fire
protection services shall be responsible for such installation to the Town's
specifications and approval. The customer shall install a gate valve between the
water main and the customer's property lines. The customer shall also pay for all
sprinkler taps and road repairs. (Ord. 89-5 S5, 1989)
10.03.060 Temporary Service. The Town will provide only a three-quarter
inch (3/4") temporary service line. The customer is responsible for meter
maintenance to prevent freezing. (Ord. 89-5 S6, 1989)
Chapter 10.05 —
CONNECTION AND USE OF ELECTRIC SYSTEM
Sections:
10.05.010 Connections
10.05.020 "Application for Utilities" See Attachment
10.05.030 Supply and Maintenance for Residential Service
10.05.040 Supply and Maintenance for Commercial or Industrial
Service
10.05.050 Supply and Maintenance for Primary Metered Electric
Customers
10.05.060 Temporary Service
10.05.010 Connections. No unauthorized person shall uncover, make any
connections with, use, alter, or disturb any municipal electric facility, including
but not limited to lines, meters, poles, and transformers. (Ord. 89-3 S1, 1989)
10.05.020 Application for Utilities. Persons requesting a service connection
for purposes of electric service, shall, prior to commencement of construction and
at least fourteen (14) days prior to the date service is desired, complete and file
with the Utility Clerk, an "Application for Utilities", a copy of which is attached to
this chapter (ordinance). (Ord. 89-3 S2, 1989)
10.05.030 Supply and Maintenance for Residential Service. Persons
requesting or using a service connection for purposes of residential electric service
shall supply and maintain to the satisfaction of the Town, the conduit, meter box,
wiring to and including the weatherhead, and the mounting bracket for the
service line. The Town will supply and maintain the overhead service line to the
customer's weatherhead and the meter. Customers desiring an underground
service line must provide the line and install a side pole. (Ord. 89-3 S3, 1989)
10.05.040 Supply and Maintenance for Commercial or Industrial
Service. Persons requesting or using a service connection for purposes of
commercial or industrial electric service shall supply and maintain to the
satisfaction of the Town, the conduit, metering devices, meter box, wiring to and
including the weatherhead, and the mounting bracket for the service line. The
Town will supply and maintain the overhead service line to the customer's
weatherhead and the meter. Customers desiring an underground primary service
line must reimburse the Town for the additional cost in excess of the cost of
installation of an overhead line and the customer must install and maintain the
conduit the underground lines are run through. The Town will not provide
underground secondary lines. (Ord. 89-3 S4, 1989)
10.05.050 Supply and Maintenance for Primary Metered Customers. All
primary metered electric customers must supply and maintain all electric facilities,
including but not limited to lines, wiring, and transformers from the metering pole.
The Town will supply and maintain all wiring and metering devices from the
metering pole to the electric system as well as the meter. (Ord. 89-3 S5, 1989)
10.05.060 Temporary Service. The Town will install a 15 AMP temporary
service on the nearest existing available pole. Customers requiring a larger or
closer service shall reimburse the Town for the cost of all additional materials
required. (Ord. 89-3 S6, 1989)
Chapter
10.06 —
ELECTRIC RATES AND CHARGES - WHOLESALE
Sections:
10.06.010 Availability
10.06.020 Rate
10.06.030 Minimum Charge
10.06.040 Determination of Billing Demand
10.06.050 Fuel Cost Adjustment
10.06.060 Deferred Payment Charge
10.06.070 Tax Clause
10.06.080 Change in Rates
10.06.090 Contract
10.06.010 Availability. To any public utility for resale purposes where all
requirements are purchased from the Company (Southern Indiana Gas and
Electric). Service will be supplied and metered at the most conveniently available
primary or transmission voltage. Not available where service is used as auxiliary or
stand-by to another source of power. (Ord. 0-82-5)
10.06.020 Rate.
Demand Charge: $7.79 per kwh per month of billing demand
Energy Charge: $2.30 per kwh for all kwh used per month (Ord. 0-88-1)
10.06.030 Minimum Charge. The minimum monthly charge shall be the
demand charge or as specified in contract. (Ord. 88-1)
10.06.040 Determination of Billing Demand. The billing demand for the
current month shall be the average load in kilovolt-amperes during the 15-minute
period of maximum use in such month, as determined by suitable instruments
installed by the Company, but not less than 60% of the highest billing demand so
determined during the 12 months preceding the billing date.
Off-peak demands which will be disregarded in determining the billing demand
shall by those demands created at night from 8 p.m. to 7 a.m., on Saturdays,
Sundays, and holidays designated by the Company; providing that the billing
demand for the month shall never be less than 50% of the maximum demand
created during such month regardless of when such maximum demand occurred.
The Company reserves the right, upon thirty days' notice, to change the off-peak
periods when peak load conditions on the Company's system make such
modification necessary. The Company shall not be required to increase the
capacity of any service facilities in order to furnish off-peak demands. (Ord. 88-1)
10.06.050 Fuel Cost Adjustment. The Energy Charge shall be increased or
decreased, to the nearest 0.0001 cents per KWH, based on the following
adjustment factor:
Adjustment Factor = F
m
F
b
x Loss Factor x Tax Factor
S
m
S
b
Where: "F" is the expense of fossil and nuclear fuel in the base (b) and current
(m) periods; "S" is the KWH sales in the base and current periods;
F
b = 1.1986 cents per kwh;
S
b
"Loss Factor" is the ratio of one minus the percentage system losses to one minus
the percentage wholesale losses; and "Tax Factor" is one plus the percentage gross
receipts tax.
Fuel costs (F) shall be the cost of:
- fossil and nuclear fuel consumed in the utility's own plants, and the
utility's share of fossil and nuclear fuel consumed in jointly owned
or leased plants.
- the actual identifiable fossil and nuclear fuel costs associated with
energy purchased for reasons other than identified in (c) below.
- the net energy cost of energy purchases, exclusive of capacity or
demand charges (irrespective of the designation assigned to such
transaction) when such energy is purchased on an economic
dispatch basis. Included therein may be such costs as the charges
for economy energy purchases and the charges as a result of
scheduled outage, all such kinds of energy being purchased by the
buyer to substitute for its own higher cost energy; and less
- the cost of fossil and nuclear fuel recovered through inter-system
sales including the fuel costs related to economy sales and other
energy sold on an economic dispatch basis.
Sales (S) shall be the sum of generation, purchased, interchange-in, less energy
associated with pumped storage operations, less inter-system sales referred to in
(d) above, less total system losses.This adjustment factor shall be applied to the energy supplied during the second
month next succeeding the most recent month for which information is available.
(Ord. 88-1)
10.06.060 Deferred Payment Charge. Bills will be rendered and due
monthly. To all such bills not paid within fifteen days, beginning with and
including the due date, there will be added deferred payment charges of 2%.
(Ord. 88-1)
10.06.070 Tax Clause. Bills may be increased to off-set the imposition of any
new or increased tax levied by any city, county or any other local taxing authority
on the Company's property or operations after October 1, 1981. (Ord. 88-1)
10.06.080 Change in Rates. Nothing contained herein shall be construed as
affecting in any way the right of the party furnishing service under this rate
schedule to unilaterally change the rates. (Ord. 97-11, S1, November 19, 1997)
(Ord. 88-1)
10.06.090 Contract. Written contract cancelable only upon a minimum of five
years notice. (Ord. 88-1)
Chapter 10.08 —
SEWER SERVICE RATES AND CHARGES
Sections:
10.08.010 Definitions
10.08.020 User Classes
10.08.030 User Rates and Charges
10.08.040 Quantity of Water Discharged into the Sanitary Sewage
System
10.08.050 Volume, Strength and Character of Sewage
10.08.060 Billing and Collection Procedure
10.08.070 Sewer Rate Study
10.08.080 Enforcement
10.08.090 Special Contracts
10.08.100 Appeal Decision or Charge
10.08.010 Definitions.
- "Council" shall mean the Town Council of the Town of Ferdinand,
Indiana, or any duly authorized officials acting in its behalf. (Ord.
90-7 S1, 1990)
- "BOD" (or Biochemical Oxygen Demand) shall have the same
meaning as defined in the Use Ordinance.
- "Town" shall mean the Town of Ferdinand, Indiana, acting by and
through the Town Council. (Ord. 96-13, S1, August 27, 1996)
- "Debt Service Costs" shall mean the average annual principal and
interest payments on all proposed revenue bonds or other long-term
capital debt.
- "Excessive Strength Surcharge" shall mean an additional charge
which is billed to users for treating sewage wastes with an average
strength in excess of "normal domestic sewage".
- "Industrial Wastes" shall mean the wastewater discharges from
industrial, trade or business processes as distinct from employee
wastes or wastes from sanitary conveniences.
- "NPDES (National Pollutant Discharge Elimination System) Permit"
shall have the same meaning as defined in the Sewer Use Ordinance.
- "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 30 mg/1
As defined by origin, wastewaters from segregated domestic and/or
sanitary conveniences as distinct from wastes from industrial
processes.
- "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.)
- "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.
- "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.
- "Replacement Costs" shall mean the expenditures for obtaining and
installing equipment, accessories or appurtenances which are
necessary during the useful life of the treatment works to maintain
the capacity and performance for which such works were designed
and constructed.
- "S.S." (or suspended solids) shall have the same meaning as defined
in the Sewer Use Ordinances (sic).
- "Shall" is mandatory; "May" is permissive.
- "Sewage" shall have the same meaning as defined in the Sewer Use
Ordinance.
- "Sewer Use Ordinance" shall mean a separate and companion
enactment to this Ordinance, which regulates the connection to and
use of public and private sewers.
- "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.
- "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, 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 establishment 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 wastewater treatment works.
Industrial User - shall mean any manufacturing or processing facility
that discharges industrial waste to a wastewater treatment works.
10.08.020 User Classes. Every person whose premises are served by said
sanitary sewage works shall be charged for the services provided. These charges
are established for each user class, as defined, in order that the sewage works
shall recover, from each user and user class, revenue which is proportional to its
use of the treatment works in terms of volume and load. User charges are levied
to defray the cost of operation and maintenance (including replacement) of the
treatment works. User charges rates shall be uniform in magnitude.
(1) User charges are subject to the rules and regulations adopted by the
U.S. 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.
(2) The various classes of users of the treatment works for the purposes
of this Ordinance, shall be as follows:
- Residential
- Commercial
- Governmental
- Institutional
- Industrial
10.08.030 User Rates and Charges. For the use of and the services rendered
by sanitary 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
Town sewage system or otherwise discharges sanitary sewage, industrial wastes,
water or other liquids, either directly or indirectly, into the sewage system of the
Town of Ferdinand. Such rates and charges include User Charges, debt service
costs, excessive strength surcharges and other service charges, which rates and
charges shall be payable as hereinafter provided and shall be in an amount
determinable as follows:
(1) 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 monthly and the users shall be billed monthly
(or period equaling a month). The water usage schedule on which
the amount of said rates and charges shall initially be determined as
follows:
All Users
1) Treatment Rate per 1,000 gallons of usage per month:
$6.017
plus
2) Base Rate - as follows:
Monthly Base Rate
5/8-3/4 inch water meter $ 15.44
1 inch water meter 36.40
1 1/4 inch water meter 57.27
1 1/2 inch water meter 82.34
2 inch water meter 140.81
3 inch water meter 321.73
4 inch water meter 558.39
6 inch water meter 1,268.21
(Ord. 2000-7, S1, Aug. 9, 2000)
(2) For users of the sewage works that are unmetered water users or
accurate meter readings are not available, the monthly charge shall
be determined as an average of single family dwelling units, except
as herein provided. Sewage service bills shall be rendered once each
month (or period equaling a month). The schedule on which said
rates and charges shall be determined is as follows:
Monthly Rate
Single family residence/unit $39.51
(Assuming 4,000 gallons average)
Unmetered non "Residential Single Family Dwelling Units" shall be charged
a rate to be determined by the Town on an individual basis by applying the
above metered rates to estimated usage and meter size. (Ord. 2000-7, S1,
Aug. 9, 2000)
(3) For the service rendered to the Town of Ferdinand, said Town shall
be subject to the same rates and charges hereinabove provided, or
to charges and rates established in harmony therewith.
(4) In order to recover the cost of monitoring industrial wastes, the
Town shall charge the user the actual cost of monitoring estimated
to be $15.00 per sampling event. This charge will be reviewed on the
same basis as all other rates and charges in the ordinance. (Ord. 90-
7 S1, 1990)
(5) Customer Security Deposit $100.00
Said deposit shall be made by all customers making application for
water service when any part of such water will be discharged into
the sanitary sewer system, and when such customer, who shall be
responsible for the monthly sewer billings, does not own the
property which is the source of discharge. Said respective deposits,
less the amount of any current and/or delinquent bills owing, shall
be refunded to said customer at such time as said customer requests
disconnection or termination of the respective service or at the
conclusion of five (5) years of continuous service without any
delinquent bills. (Ord. 2001-11, S1, June 13, 2001) (Ord. 99-17, S1,
Dec. 15, 1999) (Ord. 96-13, S2, August 27, 1996) (Ord. 92-18, S1, 1992)
(Ord. 91-6 S2, 1991)
The Town’s Utility Clerk shall make such refunds to all existing
customers within sixty (60) days hereof, without interest, by
payment of some or all of the deposit, or by crediting some or all of
the deposit against any current or future amounts due the Town
providing all sums are paid or credited within sixty (60) days. (Ord.
99-17, S2, Dec. 15, 1999)
Any future refund owed to an existing utility customer shall be paid
by the Town’s Utility Clerk, without interest, to the utility customer
by payment of some or all of the deposit, or by crediting some or all
of the deposit against the customer's current or next utility bill,
providing any remaining deposit not so credited is then paid to the
customer. (Ord. 99-17, S3, Dec. 15, 1999)
10.08.040 Quantity of Water Discharged into the Sanitary Sewage
System. The quantity of water discharged into the sanitary sewage system and
obtained from sources other than the utility that serves the Town shall be
determined by the Town in such manner as the Town shall reasonably elect, and
the sewage service shall be billed at the above appropriate rates; except, as is
hereinafter provided in this section, the Town 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 Town that such
quantities do not enter the sewage system.
(1) 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 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 is not measured by a water meter, or is
measured by a water 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 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.
Residential (single-family) users may be exempted from this
requirement.
(2) In the event a lot, parcel of real estate or building discharging
sanitary sewage, industrial wastes, water or their liquids into the
Town's sewage 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 meters, weirs, volumetric measuring devices or any
adequate and approved method of measurement acceptable to the
Town for the determination of sewage discharge.
(3) In the event two or more residential lots, parcels of real estate, or
buildings discharging sanitary sewage, water or other liquids into the
Town's sewage system, either directly or indirectly, are users of
water and the quantity of water is measured by a single water meter,
then in each such case, for billing purposes, the quantity of water
used shall be averaged for each user and the base charge and the
flow rates and charges shall apply to each of the number of
residential lots, parcels of real estate or buildings served through the
single water meter.
(4) In the event a lot, parcel of real estate or building discharges sanitary
sewage, industrial water, water or other liquids into the Town's
sewage system, either directly or indirectly, and uses water in excess
of 5,000 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 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
Town for the determination of sewage discharge.
(5) Where a metered water supply is used for fire protection as well as
for other uses not entering the Sewer system, the Town may, in its
discretion, make adjustments in the user charge as may be equitable.
(6) The Utility Bookkeeper of the Town of Ferdinand shall have
authority in his discretion, to adjust a user's sewage rates and
charges on a case by case basis when there has been an
extraordinary usage of metered water as a result of an accident or
Act of God, and such usage of water has not benefited the user or
any other person, and where such extraordinary usage is stopped
within a reasonable time considering the nature and amount of the
problem and the amount of usage. The amount of adjustment shall
be within the discretion of the Bookkeeper. In the event the user is
dissatisfied with the decision or amount of adjustment made by the
Bookkeeper, he may appeal such decision to the Town Council
pursuant to Section II (10.08.100). (Ord. 90-7 S 1b, 1990)
10.08.050 Volume, Strength and Character of Sewage. In order that the
rates and charges may be justly and equitably adjusted to the service rendered to
users, the Town shall base its charges not only on the volume, but also on
strength and character of the stronger-than-normal domestic sewage and shall
require the user to determined the strength and content of all sewage and wastes
discharged, either directly or indirectly, into the sewage system, in such manner
and by such method as the Town may deem practicable in the light of the
conditions and attending circumstances of the case, in order to determine the
proper charge. The user shall furnish a sampling point, as defined in the Sewer
Use Ordinance, available to the Town at all times.
- Normal sewage domestic waste strength should not exceed a
biochemical oxygen demand of 250 milligrams per liter of fluid or
suspended solids in excess of 250 milligrams per liter of fluid or
ammonia in excess of 30 milligrams per liter of fluid. Additional
charges for treating stronger-than-normal domestic waste shall be
made on the following basis:
- Rate Surcharge Based Upon Suspended Solids. There shall be
an additional charge of $0.32 cents per pound of suspended
solids for suspended solids received in excess of 250
milligrams per liter of fluid.
- Rate Surcharge Based Upon BOD. There shall be an
additional charge of $0.32 cents per pound of biochemical
oxygen demand received in excess of 250 milligrams per liter
of fluid.
- Rate Surcharge Based Upon N H 3N . There shall be an
additional charge of $0.32 cents per pound of ammonia for
NH3N received in excess of 30 milligrams per liter of fluid.
(Ord. 90-7 S1, 1990)
- The determination of Suspended Solids, five-day Biochemical
Oxygen Demand, and ammonia 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.
10.08.060 Billing and Collection Procedure. Such rates and charges shall
be prepared, billed and collected by the Town in the manner provided by law and
ordinance.
- The rates and charges for all users shall be prepared and billed
monthly. At the end of each year, each user shall be given a notice
of the rates charged and the basis for the charges for operation,
maintenance and replacement.
- All bills for said sanitary sewer service are due and payable on the
1st day of the month after the billing month and become delinquent
after the 10th day of said month, and the penalty set out in the
paragraph above is applicable; immediately, thereafter a notice of
delinquency shall be mailed to each delinquent customer as of the
10th day of said month, informing said customer that unless said
delinquent bill, plus penalty is not satisfied in full within ten (10) or
fourteen (14) days thereafter, the respective service for which said
delinquency is applicable shall be disconnected and shall not be
reconnected until said delinquent bill, plus penalty and the
reconnection charge is paid in full. A notice of delinquency may
also be mailed to the owner of the property served if different from
the customer and shall be mailed if the owner makes written request
for such notification, indicating that he is the owner and indicating
the address where notice is to be sent.
The ten (10) day grace period prior to disconnection shall be
effective from April 1 to November 1 of each year. The fourteen (14)
day grace period prior to disconnection shall be effective from
November 1 to April 1 of each year. (Ord. 92-10, S5, 1992)
- 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
twenty (20) days after the date of mailing of the bill.
- Reconnection Charge. When the service is disconnected for nonpayment,
or for any other reason beyond the control of the Utility,
requiring a re-connection of services, a charge for such re
connection will be made. The charge, together with any arrears due
the Utility, shall be paid prior to re-connection. The charge shall be
Twenty Dollars ($20.00), unless a re-connection is requested after
normal business hours, in which event, the charge is Sixty Dollars
($60.00). (Ord. 2003-07, S3, June 11, 2003)
- Bad Check Charges. Any payment made by a check which is
returned by the maker's bank for insufficient funds or for any reason
will be considered as non-payment, and in addition to the above
charges, an additional service charge of Ten Dollars ($10.00), plus
any Bank charges will be due the Utility. (Ord. 2003-07, S3, June 11,
2003)
10.08.070 Sewer Rate Study. In order that the rates and charges for sewage
services may remain proportional to the cost of providing services to the various
uses of user classes and that said charges may remain sufficient to adequately
fund the necessary replacement costs and other revenue and reserve
requirements, the Town shall cause a study to be made no less than bi-annually,
following the date on which this ordinance goes into effect. The Town shall,
upon completion of said study, revise and adjust the rates and charges as
necessary in accordance therewith, in order to maintain the proportionality and
sufficiency of the rates. 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 and user classes, the financial position of the sewage works and the
adequacy of its revenue to provide adequate funds for the operation and
maintenance, replacements, debt service requirements and capital improvements
to the waste treatment systems. The study shall be made for the purpose of (a)
reviewing the sufficiency of the revenues to properly operate the waste water
treatment facility and all appurtenances attached thereto; and (b) maintaining
proportionality among the user classes of the rates and charges for sewage
services.
Said studies shall be conducted by officers and 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.
10.08.080 Enforcement. The Town shall make and enforce such ordinances,
by-laws and regulations as may be deemed necessary for the safe, economical and
efficient management of the Town's sewage system, pumping stations and
sewage treatment works, for the construction and use of house sewers and
connections to the sewage treatment works, for the construction and use of
house sewers and connection to the sewerage system, and for the regulation,
collection, rebating and refunding of such rates and charges. No free service shall
be provided to any user of the waste water treatment facility.
The Town is hereby authorized to prohibit dumping of wastes into the Town's
sewage system which, in its discretion, are deemed harmful to the operation of
the sewage treatment works of the Town, 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.
10.08.090 Special Contracts. The Council is hereby further authorized to
enter into special rate contracts with users of the sewage works where clearly
definable cost to the sewage works can be determined, and such special rates
shall be based on such costs. (Ord. 90-7 S1, 1990)
10.08.100 Appeal of Decision or Charge. A user shall have the right to
appeal a decision of the Utility Bookkeeper or the administrator of the sewage
system and user charge system to the Town Council and any decision concerning
the sewage 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. (Ord. 90-7 S1, 1990; Ord. 88-8)
Chapter 10.10 —
PUBLIC AND PRIVATE SEWERS
Sections:
10.10.010 Definitions
10.10.020 Unlawful to Deposit Objectionable Wastes in an
Unsanitary Manner
10.10.030 Private Disposal System
10.10.040 Specifications
10.10.045 Permit, Inspection and Connection Fees
10.10.050 Discharges Prohibited
10.10.060 Pretreatment of Industrial Wastes
10.10.070 Pretreatment Plans and Specifications
10.10.080 Disposal of Unpolluted Water
10.10.090 Industrial Cooling Water
10.10.100 Wastewater Data
10.10.110 Determination of Strength of Wastewaters
10.10.120 Grease, Oil and Sand Interceptors
10.10.125 Sump Pumps
10.10.130 Notification to Town
10.10.140 Applicability of State and Federal Regulations
10.10.150 Damage Violation
10.10.160 Only Authorized Employees Can Enter Public and
Private Properties
10.10.170 Notice of Violation, Penalties
10.10.180 Validity of Ordinance
10.10.190 Right to Appeal
10.10.010 Definitions. Unless the context specifically indicates otherwise, the
meaning of terms used in this Ordinance (Chapter) shall be as follows:
- "Ammonia" (or NH3) shall mean all nitrogen in water, wastewater or
other liquid waste present in the form of ammonia (NH3) or other
ammonium ion (NH3+).
- "Biochemical oxygen demand" (or BOD) shall mean the quantity of
oxygen expressed in mg/1 utilized in the biochemical oxidation of
organic matter under standard laboratory procedures with
nitrification inhibition in five (5) days at twenty (20) degrees C.
- "Building drain" shall mean that part of the lowest horizontal piping
of a drainage system which receives the discharge from soil, waste
and other drainage pipes inside the walls of a building and conveys
it to the building sewer beginning three (3) feet outside the building
wall.
Building drain - Sanitary - A building which conveys sanitary or
industrial sewage only.
Building drain - Storm - A building drain which conveys storm water
or other clearwater drainage, but no wastewater.
- "Building Sewer" shall mean the extension from the building drain to
the public sewer or other place of disposal. (Also called house
connection).
Building sewer - Sanitary - A building sewer which conveys sanitary
or industrial sewage only.
Building sewer - Storm - A building sewer which conveys
stormwater or other clearwater drainage, but no sanitary or
industrial sewage.
- "Compatible pollutant" shall mean biochemical oxygen demand,
suspended solids, pH, and fecal coliform bacteria, plus additional
pollutants identified in the NPDES permit if the treatment works
was designed to treat such pollutants, and in fact does remove such
pollutants to a substantial degree. The term substantial degree is not
subject to precise definition, but generally contemplates removals in
the order of eighty percent (80%) or greater. Minor incidental
removals in the order of ten to thirty percent (10 to 30%) are not
considered substantial. Examples of the additional pollutants which
may be considered compatible include:
- chemical oxygen demand,
- total organic carbon
- phosphorus and phosphorus compounds
- nitrogen and nitrogen compounds, and
- fats, oils, and greases of animal or vegetable origin (except as
prohibited where these materials would interfere with the
operation of the treatment works).
- "Easement" shall mean an acquired legal right for the specific use of
land owned by others.
- "Fecal coliform" shall mean any of a number of organisms common
to the intestinal tract of man and animals, whose presence in
sanitary sewage is an indicator of pollution.
- "Floatable oil" shall mean oil, fat, or grease in a physical state, such
that will separate by gravity from wastewater by treatment in a
pretreatment facility approved by the Town.
- "Garbage" shall mean solid wastes from the domestic and
commercial preparation, cooking, and dispensing of food, and from
the handling, storage and sale of produce.
- "Incompatible pollutant" shall mean any pollutant that is not defined
as a compatible pollutant, including non-biodegradable dissolved
solids.
- "Industrial wastes" shall mean the liquid wastes from industrial
manufacturing processes, trade, or business as distinct from
employees wastes or wastes from sanitary conveniences.
- "Infiltration" shall mean the water entering a sewer system, including
building drains and sewers, from the ground, through such means
as, but not limited to, defective pipes, pipe joints, connections, or
manhole walls. (Infiltration does not include and is distinguished
from inflow.)
- "Infiltration/Inflow" shall mean the total quantity of water from both
infiltration and inflow without distinguishing the source.
- "Inflow" shall mean the water discharge into a sewer system,
including building drains and sewers, from such sources as, but not
limited to, roof leaders, cellar, yard and area drains, foundation
drains, unpolluted cooling water discharges, drains from springs and
swampy areas, manhole covers, cross connections from storm
sewers, catch basins, storm waters, surface run-off, street wash
waters or drainage. (Inflow does not include, and is distinguished
from, infiltration).
- "Inspector" shall mean the person or persons duly authorized by the
Town, through its Town Council, to inspect and approve the
installation of building sewers and their connection to the public
sewer system. (Ord. 96-13, S1, August 27, 1996)
- "Major contributing industry" shall mean an industry that:
- has a flow of 50,000 gallons or more per average work day; or
- has a flow greater than five percent (5%) of the flow carried
by the municipal system receiving the waste; or
- has in its waste a toxic pollutant in toxic amounts as defined
in standards issued under Section 307(a) of PL 92-500; or
- has a significant impact, either singly or in combination with
other contributing industries, on a treatment works or on the
quality of effluent from that treatment works.
- "NPDES Permit" shall mean a permit issued under the National
Pollutant Discharge Elimination System for discharge of wastewaters
to the navigable waters of the United States pursuant to Section 402
of PL 92-500.
- "Natural Outlet" shall mean any outlet, including storm sewers into
a watercourse, pond, ditch, lake, or other body of surface or
groundwater.
- "Normal domestic sewage" shall have the same meaning as defined
in the Sewage Rate Ordinance.
- "pH" shall mean the reciprocal of the logarithm of the hydrogen ion
concentration. The concentration is the weight of hydrogen ions, in
grams per liter of solution.
- "Person" shall mean any individual, firm, company, association,
society, corporation, group or other entity.
- "Pretreatment" shall mean the treatment of industrial sewage from
privately owned industrial sources prior to introduction into a public
treatment works.
- "Private sewer" shall mean a sewer which is not owned by a public
authority.
- "Properly shredded garbage" shall mean the wastes from the
preparation, cooking, and dispensing of food that has been
shredded to such a degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with
no particle greater than one-half (1/2) inch in any dimension.
- "Public sewer" shall mean a sewer which is owned and controlled by
the public authority and will consist of the following increments:
Collector sewer shall mean a sewer whose primary purpose is to
collect wastewaters from individual point source discharges.
Interceptor sewer shall mean a sewer whose primary purpose is to
transport wastewater from collector sewers to a treatment facility.
Force main shall mean a pipe in which wastewater is carried under
pressure.
Pumping station shall mean a station positioned in the public sewer
system at which wastewater is pumped to a higher level.
- "Sanitary sewer" shall mean a sewer which carries sanitary and
industrial wastes, and to which storm, surface, and ground water are
not intentionally admitted.
- "Sewage" shall mean the combination of the liquid and water-carried
wastes from residences, commercial buildings, industrial plants and
institutions, (including polluted cooling water). The two most
common types of sewage are:
Sanitary sewage shall mean the combination of liquid and watercarried
wastes discharged from toilet and other sanitary plumbing
facilities.
Industrial sewage shall mean a combination of liquid and watercarried
wastes, discharged from any industrial establishment, and
resulting from any trade or process carried on in that establishment
(this shall include the wastes from pretreatment facilities and
polluted cooling water).
- "Sewage works" shall mean the structures, equipment and processes
to collect, transport and treat domestic and industrial wastes and
dispose of the effluent and accumulated residual solids.
- "Sewer" shall mean a pipe of conduit for carrying sewage.
- "Shall" is mandatory; "May" is permissive.
- "Slug" shall mean any discharge of water or wastewater which in
concentration of any given constituent or in quantity of flow
exceeds for any period of duration longer than 10 minutes more
than 3 times the average 24 hours concentration of flows during
normal operation and shall adversely affect the collection system.
- "Standard methods" shall mean the laboratory procedures set forth
in the latest edition, at the time of analysis, of "Standard Methods for
the Examination of Water and Wastewater" prepared and published
jointly by the American Public Health Association, The American
Water Works Association and the Water Pollution Control
Federation.
- "Storm sewer" shall mean a sewer for conveying water, ground water
or unpolluted water from any source and to which sanitary and/or
industrial wastes are not intentionally admitted.
- "Superintendent" shall mean the Superintendent of the municipal
sewage works of the Town of Ferdinand, Indiana, or his authorized
deputy, agent or representative.
- "Suspended solids" shall mean solids that either float on the surface
of, or are in suspension in, water, sewage, or other liquids and
which are removable by laboratory filtering under standard
laboratory procedure.
- "Total solids" shall mean the sum of suspended and dissolved solids.
- "Toxic amount" shall mean concentrations of any pollutant or
combination of pollutants, which upon exposure to or assimilation
into any organism will cause adverse effects, such as cancer, genetic
mutations, and physiological manifestations, as defined in standards
issued pursuant to Section 307(a) of PL 92-500.
- "Unpolluted water" is water of quality equal to or better than the
effluent criteria in effect, or water that would not cause violation of
receiving water quality standards and would not be benefited by
discharge to the sanitary sewers and wastewater treatment facilities
provided.
- "Volatile organic matter" shall mean the material in the sewage solids
transformed to gases or vapors when heated at 55 degrees C for 15
to 20 minutes.
- "Watercourse" shall mean a natural or artificial channel for the
passage of water either continuously or intermittently.
10.10.020 Unlawful to Deposit Objectionable Wastes in an Unsanitary
Manner.
- It shall be unlawful for any person to place, deposit, or permit to be
deposited in an unsanitary manner on public or private property
within the Town or in any area under the jurisdiction of said Town,
any human or animal excrement, garbage or other objectionable
waste.
- No person shall discharge or cause to be discharged to any sanitary
sewer, either directly or indirectly, stormwaters, surface water,
ground water, roof run-off, subsurface drainage, cooling water,
unpolluted water, or unpolluted industrial process water.
- Stormwater, surface water, ground water, roof run-off, subsurface
drainage, cooling water, unpolluted water or unpolluted industrial
process water may be admitted to storm sewers which have
adequate capacity for their accommodation. No person shall use
such sewers, however, without the specific permission of the Town.
No new connection shall be made to any sanitary sewer unless there
is capacity available in all downstream sewers, lift stations, force
mains, and the sewage treatment plant including capacity for BOD
and suspended solids.
- No person shall place, deposit, or permit to be deposited in any
unsanitary manner on public or private property within the
jurisdiction of the Town any wastewater or other polluted waters
except where suitable treatment has been provided in accordance
with provisions of this ordinance and the NPDES Permit.
- No person shall discharge or cause to be discharged to any natural
outlet any wastewater or other polluted waters except where
suitable treatment has been provided in accordance with provisions
of this ordinance and the NPDES Permit.
- Except as hereinafter provided, it shall be unlawful to construct or
maintain any privy, privy vault, septic tank, cesspool, or other facility
intended or used for the disposal of sewage.
- The owner of any parcel of real estate as shown on the records of
the Recorder of Dubois County as of the date official notice as
provided for herein is sent, on which is located houses and buildings
used for human occupancy, employment, recreation or other
purposes, situated within the town and abutting on any street, alley,
or right-of-way in which there is now located a public sanitary
sewer of the Town is hereby required at his expense to install
suitable toilet facilities therein, and to connect such facilities directly
with the proper public sewer in accordance with the provisions of
this ordinance, within ninety (90) days after date of official notice to
do so, provided that said public sewer is within three hundred (300)
feet of any house or building used for human occupancy,
employment, recreation or other purposes.
10.10.030 Private Disposal System.
- Where a public sanitary sewer is not available under the provisions
of Section 4.04.020(g), the building sewer shall be connected to a
private sewage disposal system complying with the provisions of
this article.
- Before commencement of construction of a private sewage disposal
system, the owner shall first obtain a written permit signed by the
Superintendent. A permit connection and inspection fee in the
amount provided for in Section 10.10.045 shall be paid to the Town
at the time the application is filed. (Ord. 96-13, S3, August 27, 1996)
- A permit for a private sewage disposal system shall not become
effective until the installation is completed to the satisfaction of the
Superintendent. He shall be allowed to inspect the work at any
stage of construction and, in any event, the applicant for the permit
shall notify the Superintendent when the work is ready for final
inspection, and before any underground portions are covered. The
inspection shall be made within twenty-four (24) hours of the
receipt of notice by the Superintendent, but only during regular
working hours.
- The type, capacities, location and layout of a private sewage
disposal system shall comply with all requirements of the State
Board of Health. No permit shall be issued for any private sewage
disposal system employing subsurface soil absorption facilities
where the area of the lot is less than twenty thousand (20,000)
square feet. No septic tank or cesspool shall be permitted to
discharge to any natural outlet.
- At such time as a public sewer becomes available to a property
served by a private sewage disposal system as provided in Section
4.04.020(g), a direct connection shall be made to the public sewer in
compliance with this ordinance, and any septic tanks, cesspools,
and similar private sewage disposal facilities shall be abandoned and
filled with suitable material.
- The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
Town.
- When a public sewer becomes available, the building sewer shall be
connected to said sewer within ninety (90) days and the private
sewage disposal system shall be cleaned of sludge and filled with
clean bank-run gravel or dirt.
- No statement contained in this article shall be construed to interfere
with any additional requirements that may be imposed by the
Health Officer.
10.10.040 Specifications.
- No unauthorized person shall uncover, make any connections with,
or opening into, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the
Superintendent.
- There shall be five (5) classes of Building Sewer Permits:
- Residential
- Duplex, Multi-Family
- Nursing Home
- Commercial
- Industrial
The owner or his agent shall make application on forms
furnished by the Town. The permit application shall be
supplemented by any plans, specifications, or other
information considered pertinent in the judgment of the
Superintendent. A permit, connection and inspection fee in
the amount provided for in Section 10.10.045 shall be paid to
the Town at the time the application is filed. (Ord. 96-13, S4,
August 27, 1996)
- All costs and expense incident to the installation and connection of
the building sewer shall be borne by the owner. The building sewer
must be constructed from the building to the public sewer. The
public sewer will only be constructed by the Town or by a
developer as provided herein within streets or other rights-of-way
accepted by the Town. The Town will make the tap, or in cases
where a tap exists, provide measurements to assist in locating the
tap. The owner and the person installing the building sewer for said
owner shall indemnify said Town from any loss or damage that may
directly or indirectly be occasioned by said installation, and said
building sewer shall be continuously maintained to the Town's
satisfaction.
- A separate and independent building sewer shall be provided for
every building; except where one building stands at the rear of
another on an interior lot and no private sewer is available or can be
constructed to the rear building through an adjoining alley, court
yard, or driveway, the building sewer from the front building may be
extended to the rear building and the whole considered as one
building sewer.
- Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the said
Inspector, to meet all requirements of this Ordinance.
- The size, slope, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the
pipe, jointing, testing, and backfilling the trench, shall all conform to
the requirements of the building and plumbing code or other
applicable rules and regulations of the Town. In the absence of
code provisions or in amplification thereof, the materials and
procedures set forth in the Ten States Standards current manual
shall apply. (Ord. 96-13, S5, August 27, 1996)
- Whenever possible, the building sewer shall be brought to the
building at an elevation below the basement floor. In all buildings in
which any building drain is too low to permit gravity flow to the
public sewer, sanitary sewage carried by such building drain shall be
lifted by an approved means and discharged to the building sewer.
- No person shall make connection of roof downspouts, exterior
foundation drains, areaway drains, or other sources of surface runoff
or ground water to a building sewer or building drain which in
turn is connected directly or indirectly to a public sanitary sewer.
- The connection of the building sewer into the public sewer shall
conform to the requirements of the building and plumbing code or
other applicable rules and regulations of the Town or the
procedures set forth in appropriate specifications in the Ten States
Standards current manual. All such connections shall be made gas
tight and water tight. Any deviation from the prescribed procedures
and materials must be approved by the Superintendent before
installations. (Ord. 96-13, S6, 1996)
- The applicant for the building sewer permit shall notify the said
Inspector when the building sewer is ready for inspection and
connection to the public sewer. The connection shall be made
under the supervision of the said Inspector or his representative.
- All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property
disturbed in the course of the work shall be restored in a manner
satisfactory to the said Town.
- In new developments or where changes to existing sewer mains are
proposed, the developer shall submit detail drawings to the
Superintendent for prior approval. The developer shall be
responsible for installation of all public sanitary sewer lines which
must be constructed to the specifications set forth in (i) above, and
as set forth in the drawings, and inspected and approved by the
Town prior to backfilling and as a condition for acceptance. Final"as built" plans must be filed with the Town as a condition for
acceptance. The permit inspection and connection fees to the
public sanitary sewer may be paid by the developer or person
applying for a connection, and are as provided for in Section
10.10.030(b). Approved manholes must be placed every four
hundred feet (400'). The developer shall be responsible for one year,
after acceptance of the public sanitary sewer lines, for any defective
product or installation, and reimburse the Town for all costs of
repair and all other consequential damages. Notwithstanding this
paragraph, the developer shall not be required to construct the
public sanitary sewer line where the same can be reasonably
constructed within the platted or reserved right-of-way of any street
accepted by the Town as of January 1, 1988. (Ord. 96-13, S7, August
27, 1996)
- The permit fees are applicable and must be paid for each tap
whether said tap is made prior to or after acceptance of the public
sanitary sewer line constructed by a developer.
10.10.045 Permit, Inspection and Connection Fees. The following fees are
hereby established, to be paid upon application for issuance of a sanitary sewer
permit:
- Residential (4" to 6" size) $ 850.00
plus costs
- Duplex, Multi-Family (6" size) $ 850.00
plus costs per each unit
- Nursing Home (6" to 8" size) $ 1,000.00
plus costs per each unit
- Commercial (6" size) $ 1,000.00
plus $15.00 per each toilet and sink
for the first ninety toilets and sinks, plus costs
- Industrial (6" to 10" size) $ 1,000.00
plus $15.00 per each toilet and sink
for the first ninety toilets and sinks, plus costs
Costs in addition to the above minimum fees will be assessed when materials and
labor costs exceed minimum fees. Factors bearing on such costs include, but are
not limited to, depth of sewer lines, location of sewer lines, trackhoe work,
hauling required, rock removal, backfill material, yard re-seeding, asphalt removal,
inspections and smoke testing. (Ord. 01-7, S1, May 9, 2001) (Ord. 96-13, S8,
August 27, 1996)
10.10.050 Discharges Prohibited.
- No person shall discharge or cause to be discharged any of the
following described waters or wastes to any public sewers:
- Any gasoline, benzene, naphtha, fuel oil, or other flammable
or explosive liquid, solid or gas.
- Any waters or wastes containing toxic or poisonous solids,
liquids, or gases as defined in S307(a) of the Clean Water Act,
enacted by P.L. 92-500, in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere with
any sewage treatment process, constitute a hazard to humans
or animals, create a public nuisance, or create any hazard in
the sewage treatment plant.
- Any waters or wastes having a pH lower than 5.5, or having
any other corrosive property capable of causing damage or
hazard to structures, equipment, and personnel of the
sewage works or interfere with any treatment process.
- Solid or viscous substances in quantities or of such size
capable of causing obstruction to the flow in sewers, or other
interference with the proper operation of the sewage works
such as, but not limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch manure, hair and
fleshings, entrails, paper, dishes, cups, milk containers, etc.,
either whole or ground by garbage grinders.
- Any waters or wastes containing phenols or other taste or
odor producing substances, in such concentrations
exceeding limits which may be established by the
Superintendent as necessary, after treatment of the
composite sewage, to meet the requirements of the State,
Federal, or other public agencies with jurisdiction of such
discharge to the receiving waters.
- Any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the
Superintendent in compliance with applicable State or
Federal regulations.
- Any waters or wastes having pH in excess of 9.5.
- Materials which exert or cause:
- Unusual concentrations of inert suspended solids
(such as, but not limited to, Fullers earth, lime slurries,
and lime residues) or of dissolved solids (such as, but
not limited to, sodium chloride and sodium sulfate.)
- Excessive discoloration (such as, but not limited to,
dye wastes and vegetable tanning solutions.)
- Unusual BOD, chemical oxygen demand, or chlorine
requirements in such quantities as to constitute a
significant load on the sewage treatment works.
- Unusual volume of flow or concentration of wastes
constituting "slugs" as defined herein.
- Waters or wastes containing substances which are not
amendable to treatment or reduction by the sewage
treatment processes employed, or are amenable to treatment
only to such degree that the sewage treatment plant effluent
cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
- If any waters or wastes are discharged, or are proposed to be
discharged, to the public sewers, which waters contain the
substances or possess the characteristics enumerated in Section
4.04.050, and which in the judgment of the Superintendent may
have a deleterious effect upon the sewage works, processes,
equipment, or receiving waters, or which otherwise create a hazard
to life or constitute a public nuisance, the Superintendent may:
- Require industries to submit information on wastewater
quantities characteristics and obtain prior approval for
discharges.
- Reject the wastes in whole or in part for any reason deemed
appropriate by the Town.
- Require pretreatment of such wastes to within the limits of
normal sewage as defined.
- Require control or flow equalization of such wastes so as to
avoid any "slug" loads or excessive loads that may be harmful
to the treatment works, or
- Require payment of a surcharge on any excessive flows or
loadings discharged to the treatment works to cover the
additional costs of having capacity for and treating such
wastes.
If the Superintendent permits the pretreatment or
equalization of waste flows, the design and installation of the
plant and equipment shall be subject to the review and
approval of the Superintendent and subject to the
requirements of all applicable codes, ordinances and laws.
- Where preliminary treatment or flow-equalizing facilities are
provided for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner at
his expense.
- When required by the Superintendent, the owner of any property
serviced by a building sewer carrying industrial wastes shall install a
suitable control manhole together with such necessary meters and
other appurtenances in the building sewer to facilitate observation,
sampling, and measurement of the wastes. Such manhole, when
required, shall be accessibly and safely located, and shall be
constructed in accordance with plans approved by the
Superintendent. The manhole shall be installed by the owner at his
expense, and shall be maintained so as to be safe and accessible at
all times. Agents of the Town, the State Water Pollution Control
Agencies, and the U.S. Environmental Protection Agency shall be
permitted to enter all properties for the purpose of inspection,
observation, measurement, sampling and testing.
- All measurements, test, and analyses of the characteristics of waters
and wastes to which reference is made in this ordinance shall be
determined in accordance with the latest edition of "Standard
Methods for the Examination of Water and Wastewater", published
by the American Public Health Association, and shall be determined
at the control manhole provided, or upon suitable samples taken at
said control manhole, except the applications for NPDES permits
and report thereof which shall be conducted in accordance with
rules and regulations adopted by the USEPA (40 CFR Part 136). In
the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole
in the public sewer to the point at which the building sewer is
connected. Sampling shall be carried out by customarily accepted
methods to reflect the effect of constituents upon the sewage works
and to determine the existence of hazards to life, limb, and property.
The particular analyses involved will determine whether a twentyfour
(24) hour composite of all outfalls of a premises is appropriate
or whether a grab sample or samples should be taken. Normally,
but not always, BOD, suspended solids and NH analyses are
obtained from twenty-four (24) hour composites of all outfalls
whereas pH's are determined from periodic grab samples.
- No statement contained in this article shall be construed as
preventing any special agreement or arrangement between the
Town and any industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the Town for
treatment, subject to payment therefore, by the industrial concern,
at such rates as are compatible with the rate ordinance.
10.10.060 Pretreatment of Industrial Wastes. Pretreatment of industrial
wastes from major contributing industries prior to discharge to the treatment
works is required and is subject to the Rules and Regulations adopted by the
United States Environmental Protection Agency (USEPA) (40 CFR Part 403), and"Guidelines Establishing Test Procedures for Analysis of Pollutants" (40 CFR Part
136), in addition to any more stringent requirements established by the Town and
any subsequent State or Federal Guidelines and Rules and Regulations.
10.10.070 Pretreatment Plans and Specifications. Plans, specifications,
and any other pertinent information relating to pretreatment or control facilities
shall be submitted for approval of the Town and no construction of such facilities
shall be commenced until approval in writing, is granted. Where such facilities are
provided, they shall be maintained continuously in satisfactory and effective
operating order by the owner at his expense and shall be subject to periodic
inspection by the Town to determine that such facilities are being operated in
conformance with applicable Federal, State and local laws and permits. The
owner shall maintain operating records and shall submit to the Town a monthly
summary report of the character of the influent and effluent to show the
performance of the treatment facilities and for comparison against Town
monitoring records.
10.10.080 Disposal of Unpolluted Water. Unpolluted water from air
conditioners, cooling, condensing systems or swimming pools, shall be discharged
to a storm sewer, where it is available. Where a storm sewer is not available,
discharge may be to a natural outlet approved by the Town and by the State of
Indiana. Where a storm sewer, or natural sewer is not available, such unpolluted
water may be discharged to a sanitary sewer pending written approval by the
Town.
10.10.090 Industrial Cooling Water. Industrial cooling water, which may be
polluted with insoluble oils or grease or suspended solids, shall be pretreated for
removal of pollutants and the resultant clear water shall be discharged in
accordance with the above Section.
10.10.100 Wastewater Data. The Town may require users of the treatment
works, other than residential users, to supply pertinent information on
wastewater flows and characteristics. Such measurements, tests, and analysis shall
be made at the users' expense. If made by the Town, an appropriate charge may
be assessed to the user at the option of the Town.
10.10.110 Determination of Strength of Wastewaters. The strength of
wastewaters shall be determined, for periodic establishment of charges provided
for in the Rate Ordinance, from samples taken at the aforementioned structure at
any period of time and of such duration and in such manner as the Town may
elect, or, at any place mutually agreed upon between the user and the Town.
Appropriate charges for sampling and analysis may be assessed to the user at the
option of the Town. The results of routine sampling and analysis by the user may
also be used, for determination of charges after verification by the Town.
10.10.120 Grease, Oil and Sand Interceptors. Grease, oil and sand
interceptors or traps shall be provided when, in the opinion of the Town they are
necessary for the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand and other harmful ingredients, except
that such interceptors or traps will not be required for private living quarters or
dwelling units. All interceptors or traps shall be of a type and capacity approved
by the Town and shall be located so as to be readily and easily accessible for
cleaning and inspection. They shall be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperatures and shall be
of substantial construction, be gas tight, water tight, and equipped with easily
removable covers. Where installed, all grease, oil and sand interceptors or traps
shall be maintained by the owner, at his expense, in continuously efficient
operation at all times. Any restaurant or institutional kitchen established or
constructed after October 1, 1996, shall have a grease trap with capacity sufficient
to satisfy the Superintendent but no less than fifty pounds (50 lbs.) capacity. Any
grease trap installed after October 1, 1996, shall be approved by the
Superintendent prior to purchase and installation. (Ord. 96-13, S9, August 27,
1996)
10.10.125. Sump Pumps. Except for replacement of a previously existing
sump pump, no sump pump installed after October 1, 1996, shall be located near
any floor drain or any drain receiving discharges which is ultimately connected to
the sanitary sewer system. All such sump pumps shall be registered with the
Superintendent to show location and point of discharge. (Ord. 96-13, S10, August
27, 1996)
10.10.130 Notification to Town. Users of the treatment works shall
immediately notify the Town of any unusual flows or wastes that are discharged
accidentally or otherwise to the sewer system.
10.10.140 Applicability of State and Federal Requirements. All provisions
of this ordinance and limits set herein shall comply with any applicable State
and/or Federal Requirements now, or projected to be in effect.
10.10.150 Damage Violation. No unauthorized person shall maliciously,
willfully or negligently break, damage, uncover, deface, or tamper with any
structure, appurtenance, or equipment which is a part of the municipal sewage
works. Any person violating this provision shall be subject to immediate arrest
and criminal prosecution.
10.10.160 Only Authorized Employees Can Enter Public and Private
Properties.
- The Superintendent, Inspector and other duly authorized employees
of the Town bearing proper credentials and identification shall be
permitted to enter all properties for the purpose of inspection,
observation, measurement, sampling, and testing in accordance with
the provisions of this ordinance. The Superintendent or his
representative shall have no authority to inquire into any processes
including metallurgical, chemical, oil, refining, ceramic, paper or
other industries beyond that point having a direct bearing on the
kind and source of discharge to the sewers or waterways or facilities
for waste treatment.
- The Superintendent and other duly authorized employees of the
Town shall be permitted to enter all private properties through
which the Town holds a duly negotiated easement for the purposes
of, but not limited to, inspection, observation, measurement,
sampling, repair and maintenance of any portion of the sewage
works lying within said
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