A.
User charge system. The user charge system covered
under this chapter shall take precedence over any preexisting agreements
which are inconsistent with Section 204(b)(1)(a) of the Act and 40
CFR 35, Subpart E of the federal regulations governing the same, or
its subsequent revision(s). This approved user charge system shall
be in effect prior to completion and the operation of a grant-funded
facility. Users discharging toxic pollutants shall pay for any increased
operation, maintenance, and replacement costs caused by the toxic
pollutants.
B.
Basis for wastewater service charges.
(1)
The wastewater service charge for the use of and for
service supplied by the wastewater facilities of the Village shall
consist of a basic user charge for operation and maintenance plus
replacement, a debt service charge and a surcharge, if applicable.
(2)
The debt service charge shall be computed by dividing
the annual debt service of all committed or outstanding loans by the
number of 1,000 gallons of metered water consumption of the various
user classes as reported in the previous year's annual Public Service
Commission report. Through further divisions, the quarterly debt service
charges can be computed.
(3)
Basic user charge.
(a)
The basic user charge shall be based on water
usage as recorded by water meters and/or sewage meters on the basis
of one-thousand-gallon increments for wastes having the following
normal concentrations:
(b)
It shall consist of operation and maintenance
costs plus replacement and shall be computed as follows:
[1]
Estimate the projected annual revenue required
to operate and maintain the wastewater facilities, including a replacement
fund for the year for all works categories.
[2]
Proportion the estimated costs to wastewater
facility categories by volume, suspended solids and BOD, if possible.
[3]
Estimate wastewater volume, pounds of SS and
pounds of BOD to be treated.
[4]
Proportion the estimated costs to nonindustrial
and industrial users by volume, suspended solids and BOD.
[5]
Compute costs per 1,000 gallons for normal sewage
strength.
[6]
Compute surcharge costs per 1,000 gallons per
mg/l in excess of normal sewage strength for BOD and SS.
[7]
Excess revenue collected from user class O&M
projection shall be applied to those costs by user class for the following
year.
[8]
Charges for extraneous flows shall be distributed
among users in the same manner as are O&M costs.
(c)
A surcharge will be levied to all users whose waters exceed normal concentrations for BOD (200 mg/l) and SS (250 mg/l). The surcharge will be based on water usage as recorded by water meters and/or sewage meters for all wastes which exceed the 200 mg/l and 250 mg/l concentrations for BOD and SS respectively. Subsection F specifies the procedure to compute a surcharge.
(d)
Adequacy of the wastewater service charge shall
be reviewed annually by certified public accountants or Village officials
for the Village in their annual audit report. The wastewater service
charge shall be revised periodically to reflect a change in debt service
or a change in operation and maintenance costs, including replacement
costs. Users shall be notified annually of the portion of user charges
attributable to wastewater treatment services.
C.
Measurement of flow. The volume of flow used for computing
basic user charges and surcharges shall be the metered water consumption
read to the lowest even increments of 100 gallons.
(1)
If the person discharging wastes into the public sewers
procures any part or all of his water from sources other than the
public waterworks system, all or part of which is discharged into
the public sewers, the person shall install and maintain, at his expense,
water meters of a type approved by the Village Board for the purpose
of determining the volume of water obtained from these other sources.
(2)
Devices for measuring the volume of waste discharged
may be required by the Village Board if these volumes cannot otherwise
be determined from the metered water consumption records.
(3)
Metering devices for determining the volume of waste
shall be installed, owned and maintained by the person. Following
approval and installation, such meters may not be removed, unless
service is canceled, without the consent of the Village Board.
D.
Debt service charge. A debt service charge in an amount
per 1,000 gallons of metered water consumption, to be reviewed and
determined annually by resolution of the Village Board, which amount
shall be placed on record with and be available from the Village Clerk-Treasurer,
to each user of the wastewater facility of the Village is hereby established.
E.
Basic user rate.
(1)
There shall be, and there is hereby established, a
minimum charge and a basic user rate for the use of and for service
supplied by the wastewater facilities of the Village. A minimum charge
per quarter in an amount to be determined by resolution of the Village
Board of the Village of Orfordville, which amount shall be placed
on record with and be available from the Village Clerk-Treasurer,
shall be applied to all users whose water consumption does not exceed
3,000 gallons per quarter.
[Amended 5-24-2010]
(2)
A basic user rate per 1,000 gallons in an amount to
be determined by resolution of the Village Board of the Village of
Orfordville, which amount shall be placed on record with and be available
from the Village Clerk-Treasurer, shall be applied to all users for
water consumption in excess of 3,000 gallons per quarter.
[Amended 5-24-2010]
(3)
All nonmetered residential users of the wastewater
facilities shall pay a minimum flat rate charge per quarter adequate
to cover the costs of the minimum debt service charge, the minimum
service charge and the basic user rate per 1,000 gallons in an amount
to be determined as stated above. The flat rate charge per quarter
in an amount to be determined as stated above will allow a maximum
usage of 15,000 gallons per quarter.
(4)
In the event use of the wastewater facilities is determined
by the Village Board to be in excess of 15,000 gallons per quarter,
the Village Board may require such flat rate user to install metering
devices on the water supply or sewer main to measure the amount of
service supplied.
F.
Surcharge rate. The rates of surcharges for BOD5 and SS shall be as follows: CS = Bc (B) + Sc (S).
G.
Computation of surcharge. The concentration of wastes
used for computing surcharges shall be established by waste sampling.
Waste sampling shall be performed as often as may be deemed necessary
by the Village Board and shall be binding as a basis for surcharges.
H.
Computation of wastewater service charge. The wastewater
service charge shall be computed by the following formula:
[Amended 6-28-2010]
|
CW = (CD x) + (CM x) + (Vu-x) CD + (Vu-x) CM
+ CS
| |||
|
Where:
| |||
|
CW
|
=
|
Amount of wastewater service charge(s) per billing
period
| |
|
CD
|
=
|
Debt service charge per 1,000 gallons of metered water consumption (Subsection D)
| |
|
CM
|
=
|
Charge for operation, maintenance and replacement per 1,000 gallons of metered water consumption (Subsection E)
| |
|
Vu
|
=
|
Wastewater volume for the billing period in
1,000 gallons of metered water consumption
| |
|
x
|
=
|
Allowable consumption in gallons for the minimum 3,000 gallons per quarter charge (Subsection E)
| |
|
Cu
|
=
|
Basic user rate for operation, maintenance and replacement (Subsection E)
| |
|
CS
|
=
| ||
|
Bc
|
=
|
$/# BOD5
| |
|
Sc
|
=
|
$/# suspended solids
| |
|
B
|
=
|
BOD5 per 1,000 gallons
of waste less # BOD5 @ 200 mg/l
| |
|
S
|
=
|
# SS per 1,000 gallons of waste less # SS @
250 mg/l
| |
When an industrial user, as defined in 40 CFR
35.905-8, requests connection to the public sewage collection and
disposal system, an industrial cost recovery system must be developed
in accordance with 40 CFR 35.928. Industrial permit reports shall
be completed when required by the industry or appropriate regulatory
agency with copies of said permit reports to be filed with the Village.
A.
Bills.
(1)
Said rates or charges for service shall be payable
quarterly.
(2)
The owner of the premises, the occupant thereof and
the user of the service shall be jointly and severally liable to pay
for the service to such premises, and the service is furnished to
the premises by the Village only upon the condition that the owner
of the premises, occupant and user of the services are jointly and
severally liable therefor to the Village.
(3)
Bills for sewer service shall be sent out by the Village
Clerk-Treasurer by the last day of the month succeeding the period
for which the service is billed.
(4)
All sewer bills are due and payable 20 days after
being sent out. A penalty of 3% shall be added to all bills not paid
by the 15th day after they have been rendered.
B.
Delinquent bills. If the charges for such services
are not paid within 30 days after the rendition of the bill for such
services, such services shall be discontinued without further notice
and shall not be reinstated until all claims are settled.
C.
Lien; notice of delinquency.
(1)
Whenever a bill for sewer service remains unpaid for
45 days after it has been rendered, the Village Clerk-Treasurer shall
file with the County Recorder a statement of lien claim. This statement
shall contain the legal description of the premises served, the amount
of the unpaid bill, and a notice that the Village claims a lien for
this amount as well as for all charges subsequent to the period covered
by the bill.
(2)
If the user whose bill is unpaid is not the owner
of the premises and the Village Clerk-Treasurer has notice of this,
notice shall be mailed to the owner of the premises, if his address
is known to the Clerk-Treasurer, whenever such bill remains unpaid
for the period of 45 days after it has been rendered.
(3)
The failure of the Village Clerk-Treasurer to record
such lien or to mail such notice or the failure of the owner to receive
such notice shall not affect the right to foreclose the lien for unpaid
bills as mentioned in the following subsection.
D.
Foreclosure of lien. Property subject to a lien for
unpaid charges shall be sold for nonpayment of the same, and the proceeds
of the sale shall be applied to pay the charges, after deducting the
costs, as is the case in the foreclosure of statutory liens. Such
foreclosure shall be by bill in equity in the name of the Village.
The Village Attorney is hereby authorized and directed to institute
such proceedings in the name of the Village in any court having jurisdiction
over such matters against any property for which the bill has remained
unpaid 45 days after it has been rendered.
E.
Revenues.
(1)
All revenues and moneys derived from the operation
of the sewerage system shall be deposited in the sewerage account
of the sewerage fund. All such revenues and moneys shall be held by
the Village Clerk-Treasurer separate and apart from their private
funds and separate and apart from all other funds of the Village.
(2)
The Village Clerk-Treasurer shall receive all such
revenues from the sewerage system and all other funds and moneys incident
to the operation of such system as the same may be delivered to him
and deposit the same in the account of the fund designated as the
sewerage fund of the Village. Said Clerk-Treasurer shall administer
such fund in every respect in the manner provided by statute.
F.
Accounts.
(1)
The Village Clerk-Treasurer shall establish a proper
system of accounts and shall keep proper books, records and accounts
in which complete and correct entries shall be made of all transactions
relative to the sewerage system and at regular annual intervals shall
cause to be made an audit by an independent auditing concern of the
books to show the receipts and disbursements of the sewerage system.
(2)
In addition to the customary operating statements,
the annual audit report shall also reflect the revenues and operating
expenses of the wastewater facilities, including a replacement cost,
to indicate that sewer service charges under the waste cost recovery
system and capital amounts required to be recovered under the industrial
cost recovery system do in fact meet these regulations. In this regard,
the financial information to be shown in the audit report shall include
the following:
(a)
Flow data showing total gallons received at
the wastewater plant for the current fiscal year.
(b)
Billing data to show total number of gallons
billed.
(c)
Debt service for the next succeeding fiscal
year.
(d)
Number of users for the next succeeding fiscal
year.
(e)
Number of nonmetered users.
(f)
A list of users discharging nondomestic wastes
(industrial users) and volume of waste discharged.
G.
Notice of rates. A copy of this section properly certified
by the Village Clerk-Treasurer shall be filed in the office of the
Recorder of Deeds of Rock County and published in a newspaper of general
circulation in the Village and shall be deemed notice to all owners
of real estate of the charges of the sewerage system of said Village
on their properties.
I.
Access to records. The United States Environmental
Protection Agency or its authorized representative shall have access
to any books, documents, papers and records of the Village which are
applicable to the Village system of user charges or industrial cost
recovery for the purpose of making audit, examination, excerpts and
transactions thereof to ensure compliance with the terms of the special
and general conditions to any federal grant.
[Amended 5-26-2015; 9-11-2017]
The rates and service charges established for
user charge shall be effective with the December 2017 billing.
[Amended 5-10-2004 by Ord. No. O-2004-01; 5-26-2015; 9-11-2017]
