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Town of Carrollton, MO
Carroll County
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Table of Contents
Table of Contents
[Ord. No. 1128 § I, 9-10-2012]
The following rules and regulations are hereby adopted to govern the sewer services furnished by the municipality in a uniform manner for the benefit of the municipality and its sewer users. They are subject to change from time to time. All such changes must be approved by the State Director of the Rural Development, United States Department of Agriculture, or his/her successor, so long as the municipality has unpaid obligations which are held by or insured by the United States of America. If any portion of these rules shall be declared invalid by competent authority, such voidance shall not affect the validity of the remaining portions.
[Ord. No. 1128 § II, 9-10-2012]
Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:
APPLICANT
Any individual, firm, partnership, corporation or other agency owning land within the municipality applying for a sewer service.
BOD (BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20° C.), expressed in milligrams per liter.
BUILDING DRAIN
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 the building and conveys it to the building sewer, beginning five (5) feet [one and one-half (1.5) meters] outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
COUNCIL
The Council of the Town of Carrollton, Missouri.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
INSPECTOR
The person or persons duly authorized by the Town of Carrollton to inspect and approve the installation of building sewers and their connection to the public sewer system.
MUNICIPALITY
The Town of Carrollton, Missouri.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of foods that have 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 [one and twenty-seven hundredths (1.27) centimeters] in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SHALL
Is mandatory; "may" is permissive.
SLUG
Any discharge of water, sewage or industrial waste which in concentration of any give constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation.
STATE DIRECTOR
The State Director of Rural Development for Missouri, United States Department of Agriculture, or his/her successor.
STORM DRAIN or STORM SEWER
A sewer which carries stormwater and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The Superintendent of the Municipal Sewer Works of the Town of Carrollton, Missouri, or his/her authorized deputy, agent or representative.
SUSPENDED SOLIDS
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.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
[Ord. No. 1128 § III, 9-10-2012]
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town of Carrollton, or in any area under the jurisdiction of said Town, any human or animal excrement, garbage or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the Town of Carrollton, or in any area under the jurisdiction of said Town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article.
C. 
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.
D. 
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town of Carrollton and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the Town of Carrollton, is hereby required at his/her 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 Article, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet [thirty and five-tenths (30.5) meters] of the property line.
[Ord. No. 1128 § IV, 9-10-2012]
A. 
Where a public sanitary or combined sewer is not available under the provisions of Section 705.030(D), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article.
B. 
Before commencement of construction of a private sewage disposal system, the owner shall first contact the Superintendent of Public Works. A fee of one hundred twenty-five dollars ($125.00) shall be paid to the Town of Carrollton at the time the application is filed. Additional charges will occur if sewer is located under the street. The charges are as follows: twenty dollars ($20.00) street permit; one thousand dollars ($1,000.00) refundable compaction fee.
C. 
At such times a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 705.030(D), a direct connection shall be made to the public sewer in compliance with this Article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
D. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Town of Carrollton.
E. 
No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer of the State or County.
F. 
When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
[Ord. No. 1128 § V, 9-10-2012]
A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Inspector.
B. 
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town of Carrollton from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
C. 
A separate and independent building sewer shall be provided for every building; except where one (1) 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 (1) building sewer.
D. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Inspector, to meet all requirements of this Article.
E. 
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 Codes or other applicable rules and regulations of the Town of Carrollton. In the absence of Code provisions, utilization of industry appropriate materials in a good and workmanship like manner and/or in a manner consistent with MDNR[1] Regional Office guidance will apply.
[1]
Editor's Note: "MDNR" refers to the Missouri Department of Natural Resources.
F. 
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.
G. 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
H. 
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Codes or other applicable rules and regulations of the Town of Carrollton or, in the absence of Code provisions, utilize industry appropriate materials in a good and workmanship like manner and/or in a manner consistent with MDNR Regional Office guidance. All such connections shall be made gas-tight and water-tight. Any deviation from the prescribed procedures and materials must be approved by the Inspector before installation.
I. 
The applicant for the building sewer permit shall notify the 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 Inspector or his/her representative.
J. 
All excavations for building sewer installations 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 Town of Carrollton.
[Ord. No. 1128 § VI, 9-10-2012]
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Inspector. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Inspector, to a storm sewer, combined sewer or natural outlet.
C. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
2. 
Any waters or wastes containing toxic or poisonous solids, liquids or gases 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 receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/L CN in the wastes as discharged to the public sewer.
3. 
Any waters or wastes having a five-day biochemical oxygen demand greater than three hundred (300) parts per million by weight, or containing more than three hundred fifty (350) parts per million by weight of suspended solids, or having an average daily flow greater than two percent (2%) of the average sewage flow of the Town, shall be subject to the review of the Superintendent. Where necessary, in the opinion of the Superintendent, the owner shall provide, at his/her expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to three hundred (300) parts per million by weight, or reduce the suspended solids to three hundred fifty (350) parts per million by weight, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.
4. 
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 and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
D. 
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Inspector that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his/her opinion as to the acceptability of these wastes, the Inspector will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials, of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
1. 
Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150° F.) [sixty-five degrees Celsius (65° C.)].
2. 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/L or containing substances which may solidify or become viscous at temperatures between thirty-two degrees Fahrenheit (32° F.) and one hundred fifty degrees Fahrenheit (150° F.) [zero degree Celsius (0° C.) and sixty-five degrees Celsius (65° C.)].
3. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower [seventy-six hundredths (0.76) metric horsepower] or greater shall be subject to the review and approval of the Inspector.
4. 
Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.
5. 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Inspector for such materials.
6. 
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Inspector as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters.
7. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Inspector in compliance with applicable State or Federal regulations.
8. 
Any waters or wastes having pH in excess of 9.5.
9. 
Materials which exert or cause:
a. 
Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
b. 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. 
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment work.
d. 
Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
10. 
Waters or wastes containing substances which are not amenable 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.
E. 
Discharge Of Water Or Wastes.
1. 
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 Subsection (D) of this Section and which, in the judgment of the Inspector, 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 Inspector may:
a. 
Reject the wastes;
b. 
Require pretreatment to an acceptable condition for discharge to the public sewers;
c. 
Require control over the quantities and rates of discharge; and/or
d. 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection (J) of this Section.
2. 
If the inspector permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Inspector and subject to the requirements of all applicable codes, ordinances and laws.
F. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Inspector and shall be located as to be readily and easily accessible for cleaning and inspection.
G. 
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/her expense.
H. 
When required by the Inspector, 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 accessible and safely located and shall be constructed in accordance with plans approved by the Inspector. The manhole shall be installed by the owner at his/her expense and shall be maintained by him/her so as to be safe and accessible at all times.
I. 
All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this Article 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. 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 analysis involved will determine whether a twenty-four-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken.) Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH levels are determined from periodic grab samples.
J. 
No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the Town of Carrollton and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town of Carrollton for treatment, subject to payment therefor, by the industrial concern.
[Ord. No. 1128 § VII, 9-10-2012]
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
[Ord. No. 1128 § VIII, 9-10-2012]
A. 
The Inspector and other duly authorized employees of the Town of Carrollton bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article. The Inspector or his/her representatives 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.
B. 
While performing the necessary work on private properties referred to in Section 705.080(A) above, the Inspector or duly authorized employees of the Town of Carrollton shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Town of Carrollton employees and the Town of Carrollton shall indemnify the company against loss or damage to its property by Town of Carrollton employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 705.060(H).
C. 
The Inspector and other duly authorized employees of the Town of Carrollton bearing proper credentials and identification shall be permitted to enter all private properties through which the Town of Carrollton 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 easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
[Ord. No. 1128 § IX, 9-10-2012]
A. 
Any person found to be violating any provision of this Article, except Section 705.070, shall be served by the Town of Carrollton with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in Section 705.090(A) shall be guilty of an ordinance violation and on conviction thereof shall be fined in the amount not exceeding one hundred dollars ($100.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offence.
C. 
Any person violating any of the provisions of this Article shall become liable to the Town of Carrollton for any expense, loss or damage occasioned the Town of Carrollton by reason of such violation.
[Ord. No. 849 § I, 11-20-1973]
That there be and there hereby is established a special sewer user charge to seventy percent (70%) of a user's bill for water purchased from the Town of Carrollton in all cases where the user's sewer line originates outside the corporate limits of the Town of Carrollton but is directly or indirectly connected to the sanitary sewer system operated and maintained by said Town.
[Ord. No. 966, 7-15-1985]
A. 
A service connection charge (tap-in) shall be paid before any sewer connection is completed.
B. 
Before such connection is made, a permit must be secured with twenty-four (24) hours' notice given to the Superintendent of the streets or sewers.
C. 
All such connections shall be made and all such work done at the expense of the applicant who shall also furnish materials necessary for such work, which shall include a minimum of four-inch Schedule 40 PVC DWV pipe and provisions of adequate barricades, excavation and shoring satisfactory to the Superintendent or his/her workmen in advance to the tapping procedure.
D. 
All such connections shall be made by the Superintendent of the Street or Sewer Departments. Applications for such connections shall be made to the Town Collector and permit fee paid at that time. Such fee shall be that which is set from time to time by the Town Council as a matter of Town policy. Failure to obtain such a permit prior to making such a tap-in shall be construed to be a misdemeanor and upon conviction of such failure shall be punishable by a fine of not less than two hundred fifty dollars ($250.00).
[Ord. No. 1127, 9-10-2012]
A. 
From and after the first day of the month following the delivery of five million dollars ($5,000,000.00), principal amount of wastewater system revenue bonds of the Town of Carrollton, Missouri, dated __________ in the year _____, the initial monthly rates required and which shall be charged and collected by the Town of Carrollton, Missouri, for sewerage service furnished by the wastewater system of said Town of Carrollton shall be as follows:
1. 
The charge for sewerage service shall be based upon the total water usage of the individual customer according to the following rates:
a. 
For Residential Customers.
(1) 
Base gallons/month water usage: ten dollars ($10.00) minimum.
(2) 
Zero (0) to three thousand (3,000) gallons/month water usage: five dollars and fifty cents ($5.50) per one thousand (1,000) gallons.
(3) 
Over three thousand (3,000) gallons/month water usage: nine dollars and fifty cents ($9.50) per one thousand (1,000) gallons.
b. 
For Commercial Customers.
(1) 
Base gallons/month water usage: ten dollars ($10.00) minimum.
(2) 
Zero (0) to three thousand (3,000) gallons/month water usage: five dollars and fifty cents ($5.50) per one thousand (1,000) gallons.
(3) 
Over three thousand (3,000) gallons/month water usage: nine dollars and fifty cents ($9.50) per one thousand (1,000) gallons.
B. 
The Governing Body of the Town of Carrollton, Missouri, hereby binds and determines that the rates, fees and charges for the use and services of the sewerage system of the Town of Carrollton, necessary and adequate at this time to meet the requirements of Sections 250.010 to 250.250, inclusive, RSMo., 1959, as amended, are as hereinbefore specified.
C. 
All water and meter readings shall be obtained from the water meters, and bills for sewerage services shall be rendered monthly as such services accrue. The Office Manager, or other officer or representative of the Carrollton Municipal Utilities designated to prepare and render bills for sewerage services, shall calculate monthly the amount of each bill and shall render monthly to each customer a bill for such sewerage services. All such bills shall be due and payable at the office of the Carrollton Municipal Utilities during the regular hours of business from and after the date of the rendition thereof.
D. 
Application for sewerage services shall be made to the Office Manager or other person designated by the Carrollton Municipal Utilities by the owner or occupant of the property to be served, and upon the approval of such application, such applicant shall have the right to connect with the Town of Carrollton sewerage system, all costs of such connection to be borne by such applicant. The Town of Carrollton may hereafter prescribe a connection charge to be paid by any such applicant at the time of his/her application.
E. 
No free sewerage service shall be furnished to any premises, or the owner or occupant thereof, except to the Town of Carrollton itself, and in the event that the revenues derived by the sewer fees from the sewerage system shall at any time prove insufficient to pay the interest on and principal of the wastewater system revenue bonds of the Town of Carrollton issued to construct, extend or improve such system or any parts thereof, and to establish and maintain reasonable reserves as provided in the ordinance authorizing the issuance of such bonds, then the Town of Carrollton will thereafter pay a fair and reasonable charge for all sewerage services furnished the Town or any of its departments by the sewerage system, and such payments will continue so long as the same may be necessary in order to prevent any default in the payment of the interest on or principal of the wastewater system revenue bonds of the Town of Carrollton or while any such default shall exist.
F. 
It shall be an ordinance violation for any person to tamper with any sewer line without written permission from the Town of Carrollton, or to reconnect service when service has been discontinued for non-payment of a bill for service until such bill, including the reconnection charge, has been paid in full. There shall be imposed a fine of fifty dollars ($50.00) for this action.
[Ord. No. 1152, 4-7-2014]
A. 
Sewer Rates And Charges Based On Water Usage. For utility bills rendered for the collection and treatment of sewerage, each user shall pay for the sewerage collection and treatment services provided by the Town based on the user's use of the water system as determined by water meters acceptable to the Town.
B. 
Sewer Charge Adjustments.
1. 
The customer retains control over the use of water on the customer's premises, and as such, the customer is responsible for sewer charges based on all the water passing through the water meter, including water which may be lost or wasted through leaking pipes or fixtures on the customer's premises. An adjustment to sewer charges will be made for waste leaks that occur within the internal plumbing of a building. For the purposes of this Section, "internal plumbing of a building" shall mean plumbing within the outer walls of the building, including basements and crawl spaces.
a. 
Reductions to sewer charges for the excess water usage due to leaks that occur on a customer's premises will be made under the following conditions:
(1) 
The water leak adjustment period shall not exceed a thirty-day period;
(2) 
The customer can show that the occurrence of the leak was not due to the customer's negligence;
(3) 
The customer must show that they made a diligent effort to repair the leak within forty-eight (48) hours of discovery; and
(4) 
The request for a water leak adjustment must be filed with the Town on forms provided by the Town within the earlier of ninety (90) days of the date of the high bill resulting from the leak or ninety (90) days of notification by the Town of high water usage.
2. 
In addition, to be eligible for an adjustment, the Town must be furnished:
a. 
The date when the leak was discovered;
b. 
Who made repairs, where and when; and
c. 
A copy of the plumber's bill, or receipts for materials purchased if the user made the repairs.
3. 
The amount of the bill adjustment depends on whether the water from the leak was returned to the sanitary sewer system.
4. 
Upon verification of the leak being repaired, the Town Financial Officer, or his/her designee, may authorize a credit to the customer's sewer account charges as follows:
a. 
If all or a substantial part of the water was returned to the sewer system then no adjustment will be made.
b. 
If all or a substantial part of the water leaked was not returned to the sewer system then a leak adjustment to sewer charges will be made by adjusting the sewer bill for the period of the leak, not to exceed thirty (30) days, to an amount that would be equivalent to the sewer charges for the account computed using the average water consumption for that account for the twelve-month period prior to the billing period for the leak. In the event that twelve (12) months of water consumption records are not available for the account, the Town Financial Officer, or his/her designee, will determine the average consumption based on the information available.
5. 
Sewer charge adjustments due to leaks shall be limited to one (1) per calendar year period for an account.
C. 
Sewer Charges Waived On Separately Metered Water Not Returned To Sewer System.
1. 
Any user of water who uses water for irrigation, recreational, commercial, industrial and public institutional purposes, and said water is not discharged into the sewerage system of the Town, who desires to avoid paying a sewer charge on such water usage, may at their own cost have installed a separate water meter to separately meter such water usage. The water meter, any required backflow preventer, and water line for such water meter will be installed by the Town to its then current specifications. The Town, and its duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all properties having a separate water meter for the purpose of inspection, observation, measurement, inspection of the water meter, and ascertaining that no part of the water passing through such water meter is being discharged into the sewer system of the Town.
2. 
In the event that the Town determines that more than a de minimus amount of the water being separately metered to avoid payment of sewer charges is in fact being discharged into the sewerage system of the Town, then the Town shall immediately beginning billing a sewer charge for such water usage and will bill the customer a sewer charge for the prior twelve (12) months or such shorter period the sewer charges have been waived for such water meter based upon the water charges for such meter.