CHAPTER 60: TOWN SEWAGE RATES

Section

60.01     Definitions

60.02     Rates & Charges

60.03     Collections of Rates & Charges

60.04     Town Subjected to Same Rates

60.05     Monitoring Industrial Waste

60.06     Wastes obtained from other Sources

60.07     Measure Sewage Discharge

60.08     Water Supplied by Town & Other Sources

60.09     Two or More parcels lots on one meter

60.10     Dwelling units, Mobile Home & Apts. on one meter

60.11     25,000 Gallons of water used

60.12     Summer Sewage Rates

60.13     Stronger-Than-Normal Sewage Discharge

60.14     Surcharge of S.S. & BOD

60.15     Testing for Suspended Solids

60.16     Billing for Charges

60.17     Rate Study

60.18     Management of Sewer System

60.19     Prohibit Dumping of Harmful Waste in System

60.20     Resolve Differences between User & Officers

60.21     Fees for Septic Tank Hauler

60.01   DEFINITIONS

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: 

(1.)   BOARD means the Town Board or any duly authorized officials acting in its behalf. 

(2)   BOD (or Biochemical Oxygen Demand) means the quantity of oxygen expressed in milligrams per liter utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty (20) degrees centigrade.

(3)   DEBT SERVICE COSTS means the average annual principal and interest payments on all outstanding revenue bonds or other long-term capital debt.

(4)   EXCESSIVE STRENGTH SURCHARGE means an additional charge, which is billed, to users for treating sewage wastes with an average strength in excess of “normal domestic sewage”. 

(5)   INDUSTRIAL WASTES means the wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences.

(6)   NPDES (National Pollutant Discharge Elimination System) PERMIT means a permit issued under the National Pollutant Discharge Elimination System for discharge of wastewater to the navigable waters of the United States pursuant to Section 402 of Public Law 92-500.

(7)   NORMAL DOMESTIC SEWAGE (for the purpose of determining surcharges) means waste water or sewage having an average daily concentration as follows:

BOD not more than 200 mg/l

Suspended Solids not more than 220mg/l

As defined by origin, wastewater from segregated domestic and/or sanitary convenience as distinct from wastes from industrial processes.

(8)   OPERATION AND MAINTENANCE COSTS includes 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 Town requirements.  (These costs include replacement).

(9)   OTHER SERVICE CHARGES means tap charges, connection charges, area charges, and other identifiable charges, other than user charges, debt service charges and excessive strength surcharges. 

(10)        REPLACEMENT COSTS  means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works equipment to maintain the capacity and performance for which such works were designed and constructed.

(11)        S. S. (Suspended Solids) means solids that either float on the surface of, or are in suspension in, water, sewage, or liquids and which are removable by laboratory filtering.

(12)        SEWAGE means the combination of liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, including polluted cooling water, and identified in Chapter 51 of this code as sanitary sewage, industrial sewage and combined sewage.

(13)        USER CHARGE means a charge levied on users of the wastewater treatment works for the cost of operation and maintenance of those works pursuant to Section 204 (b) of Public Law 92-500.

(14)        USER CLASS means the division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (i.e., residential, commercial, industrial, institutional, and governmental).

A.    Residential User means a user of the treatment works whose premises or building is used primarily as a residence for one (1) or more persons, including all dwelling units.

B.    Commercial User means an 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.

C.    Institutional User means as establishment involved in a social, charitable, religious, or educational function, which, based on a determination by the Town, discharges primarily segregated domestic waste or wastes from sanitary conveniences.

D.    Governmental User means a federal, state or local government user of the Town wastewater treatment works.

E.    Industrial User means a manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works.

(15)        SEPTIC TANK HAULERS means any private individuals or business, whether incorporated or unincorporated, who are involved in the primary business of hauling untreated sewage from any residential or commercial users utilizing private septic tanks which are not connected to any city or town sewage treatment system.

(Ord 8-1986l adopted 10-13-86) 

60.02   RATES AND CHARGES

(1)   A person whose premise is serviced by the sewage works shall be charged for the services provided.  The Charges shall be established for each user class so that the sewage works shall recover revenue from each user and user class, which is proportional to the user’s use of the treatment, works in terms of volume and load.  The Town shall levy user charges to defray the cost of operation and maintenance, including replacement, of the treatment works.  User charges shall be uniform in magnitude within a user class.

(2)   User charges are subject to the rules and regulations adopted by the United States Environmental Protection Agency and published in the Federal Register on September 27, 1989 (43 CFR 44022).  Replacement costs, which are recovered through the system of user charges, shall be based on the expected useful life of the sewage works equipment.

60.03   COLLECTIONS OF RATES AND CHARGES

The Town shall collect the following rates and charges from the owner of each lot or parcel of real estate connected to the sanitary system, or which discharges sanitary sewage, industrial waste, water, or other liquids, either directly or indirectly, into the Town sanitary sewage system, for the services rendered by the sewage works.

(1)   The sewage rates and charges shall be based on the quantity of water used on or in the property of the premises subject to the rates and charges, as measured by the water meter on the premises, plus a base charge based on the size of the water meter installed, except as provided in this Code section. The water meter shall be read monthly for the purpose of billing and collecting the charges for sewage services.  Each user shall be billed each month or for a period equaling a month.  The water usage schedule on which the rates and charges are determined shall be:

ALL CLASS I USERS

RESIDENTIAL

COMMERCIAL

INSTITUTIONAL

GOVERNMENTAL AND

INDUSTRIAL

TREATMENT RATE PER 1000 GALLONS OF USAGE PER MONTH:

First 2,000 Gallons                                         $5.61 per thousand gallons

All over 2,000 Gallons                                   $9.70

Plus base rate per month:

5/8” – ¾ Meter                                            $ 27.90

1”                                                                    $ 39.65

1 ¼”                                                                $ 51.40

1 ½”                                                                $ 65.40

2”                                                                    $ 98.05

3”                                                                   $200.30

4”                                                                   $339.75

6”                                                                   $736.75

(2)   The monthly charge for users of the sewage works who are un-metered water users or for whom accurate meter readings are not available shall be determined by equivalent single family dwelling units, except as provided in this Code Section.  The Town shall render sewage bills once each month, or for a period equaling a month.  The rate and charges shall be:

RESIDENTIAL:

Single Family residence/unit                          $68.25

60.04  TOWN SUBJECTED TO SAME RATES & CHARGES 

The Town shall be subject to the same rates and charges as other users, or to rates and charges established in harmony with the fee schedule of this Code section, for services rendered to it by the sewage works under this Code section. 

60.05 MONITORING INDUSTRIAL WASTE

A user who requires the sewage work to process industrial wastes shall be charged not less than Fifty Dollars ($50) so that the Town may recover the cost of monitoring the industrial wastes.  This charge may be reviewed as other charges are reviewed under this Code section. 

60.06  WASTE OBTAINED FROM OTHER SOURCES

The quantity of water discharged into the Town sanitary sewerage system and obtained from sources other than the utility that serves the Town shall be determined by the Town in a manner the Town reasonably elects and the sewage service shall be billed at the rate set under subsection 60.05.  However, 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 not to have entered the sanitary sewerage system.

60.07 MEASURE SEWAGE DISCHARGE

If a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the Town sanitary sewerage system, either directly or indirectly, is not a user of water supplied by the Town water utility, and the water used on the premises 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.  To ascertain the rate or charge provided in this Code section, the owner or other interested party shall at that person’s expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the Town to determine sewage discharge.

60.08 WATER SUPPLIED BY TOWN AND OTHER SOURCES

If a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the Town sanitary sewerage system, either directly or indirectly, is a user of water supplied by the Town water utility, and is also a user of water from another source 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.  To ascertain the rates or charges, the owner or other interested parties shall, at that person’s expense, install and maintain meters, weirs, volumetric measurement, acceptable to the Town for the determination of sewage discharges.

60.09 TWO OR MORE PARCELS LOTS ON ONE WATER METER 

If two (2) or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, water or other liquids into the Town sanitary sewerage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each case, for billing purposes, the quantity of water used shall be average for each user and the base charges and the flow rates and charges applied to each of the number of residential lots, parcels of real estate or building served through the single water meter. 

60.10 DWELLING UNITS,MOBILE HOMES & APARTMENTS ON ONE METER 

If two (2) or more dwelling units such as mobile homes, apartments, or housekeeping rooms discharging sanitary sewage, water or other liquids, into the Town sanitary sewerage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then billing shall be for single service under this Code section, except that the minimum bill shall not be less than the number of dwelling units times a base rate per month of Nine Dollars and Ninety Cents ($9.90).  For mobile home courts, the number of dwelling units’ means the total number of mobile home spaces available for rent plus any other dwelling units served through the meter.  A dwelling unit means a room or other space in which cooking facilities are provided.

60.11  USES MORE THAN 25,000 GALLONS OF WATER PER MONTH

If a lot, parcel or real estate or building:

A.   Discharges sanitary sewage, industrial wastes, water or other liquids into the Town sanitary sewerage systems, either directly or indirectly;

B.    Uses more than twenty-five thousand (25,000) gallons of water per month; and

C.    The owner of the property can demonstrate to the satisfaction of the Town that a portion of water as measured by a water meter cannot enter the sanitary sewage system.

The owner or other interested party shall, at that person’s expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the Town to determine sewage discharge.

60.12   SUMMER SEWAGE RATE

So that the single family domestic and residential user of sewage service will not be penalized for sprinkling lawns during the months of June, July, and August, the billing for sewage for those months shall be based on the average water usage for the previous December through May.  If the average water usage for that six (6) months period is greater than the water usage for the summer month, then the billing for the sewage services will be computed on the actual water used in the month for which the sewage service bill is being rendered.  This special rate is applicable only for domestic or residential sewage services as applicable to the parcel or real estate or building, which are partially or wholly used for commercial or industrial purposes.  The owner may separate the water served through a separate meter and if the owner does so, the water usage as registered by the water meter serving that portion of the premises used for residential purposes qualifies for the sprinkling rate. 

60.13  STRONGER-THAN-NORMAL SEWAGE DISCHARGED

So that the rates and charges may be justly and equitably adjusted to the service rendered to user, the Town shall base its charges not only on the volume, but also on the strength and character of the stronger-than-normal sewage and wastes which it is required to treat and dispose of.  The Town shall require the user to treat and dispose of.  The Town shall require the user to determine the strength and content of all sewage and wastes discharges, either directly or indirectly into the sanitary sewage system, in the manner and method the Town deems practical in the case, to determine the proper charge.  The user shall furnish a central sampling point available to the Town at all times.

60.14   SURCHARGES FOR S. S. & BOD

Normal sewage domestic waste strength may not exceed a biochemical oxygen demand of 220 mg. Per liter of fluid or suspended solids in excess of 220 mg. Per liter of fluid or phosphorous in excess of 2.5 mg. Per liter of fluid.  Additional charges of treating stronger than normal domestic waste shall be on the following basis:

A.   Rate Surcharge Based upon Suspended Solids:  The Town shall levy an additional charge of nineteen cents ($0.19) per pound of suspended solids for suspended solids received in excess of two hundred twenty (220) milligrams per liter of liquid.

B.    Rate Surcharge Based upon BOD:  The Town shall levy an additional charge of nineteen cents ($0.19) per pound of biochemical oxygen demand for BOD received in excess of two hundred twenty (220) milligrams per liter of fluid.

C.    Rate Discharge Based upon Phosphorous Concentration:  The Town shall levy an additional charge of eighty-two cents ($0.82) per pound of phosphorous received in excess of 2.5 mg. Per liter of fluid.

60.15  TESTING FOR SUSPENDED SOLIDS 

The rates and charges shall be prepared, billed and collected by the Town as provided by State Law and this Code Section.

1.     The rates and charges for all users shall be prepared and billed monthly.  Once each year, each user shall be notified of the proportion of the total billing charged for operation, maintenance and replacement for that user during the preceding year.

2.     The rates and charges may be billed to the tenant occupying the properties served, unless otherwise requested in writing by the owner.  This billing does not relieve the owner from the liability if payment is not made as required under this code section.  The owner of a property served, which is occupied by a tenant or tenants, may examine the Town collection records to determine if a bill has been paid by the tenant.  This examination may be made at the office at which the records are kept during the hours that the office is open for business

3.     All rates and charges not paid when due are delinquent.  A penalty of ten percent (10%) of the amount of the rates and charges attaches to all delinquent rates and charges.  All rates and charges shall be paid not later than twenty (20) days after the date of mailing of the bill.

60.16  BILLING OF CHARGES

The rate and charges shall be prepared, billed and collected by the Town as provided by State Law and this Code Section.

1.     The rates and charges for all users shall be prepared and billed monthly.  One each year, each user shall be notified of the proportion of the total billing charged for operation, maintenance and replacement for that user during the preceding year.

2.     The rates and charges may be billed to the tenant occupying the properties served, unless otherwise requested in writing by the owner.  This billing does not relieve the owner from the liability if payment is not made as required under this Code section.  The owner of a property served, which is occupied by a tenant or tenants, may examine the Town Collection records to determine if a bill has been paid by the tenant.  This examination may be made at the office at which the records are kept during the hours that the office is open for business.

3.     All rates and charges not paid when due are delinquent.  A penalty of ten percent (10%) of the amount of the rates or charges attaches to all delinquent rates and charges.  All rates and charges shall be paid not later than twenty (20) days after the date of mailing of the bill.

60.17  RATE STUDY

So that the rates and charges for sewage services may remain fair and equitable and in proportion to the cost of providing services to each user and user class, the Town shall cause a study to be made by May 26, 1985.  This study shall include an analysis of the costs associated with the treatment of excessive strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users or user classes, the financial position of the sewage works and the adequacy of its revenue to provide reasonable funds for the operation and maintenance, replacements, debt service requirements and capital improvements to the waste treatment systems.  The Town shall, on a biennial basis, and within a reasonable period of time following the normal accounting period, cause a similar study to be made to review the fairness, equity and proportionality of the rates and charges for sewage services on a continuing basis.  The studies shall be conducted by Town officers or employees, a firm of certified public accountants or a firm of consulting engineers in firms which have experience in such studies, or by a combination of officers, employees, certified public accountants or engineers the Town determines to be best under the circumstances. 

60.18  MANAGEMENT OF THE TOWN SEWERAGE SYSTEM

The Town shall make and enforce by-laws and regulations it deems necessary for the safe, economical and efficient management of the Town sewerage system, pumping stations and sewage treatment works, for the construction and use of house sewers and connections to the sewerage 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 rates and charges.

60.19  PROHIBIT DUMPING AND HARMFUL WASTES IN SYSTEM

The Town may prohibit dumping of wastes into the Town sewerage system which, in its discretion, are deemed harmful to the operation of the Town Sewage treatment works, or which require methods affecting pretreatment of the wastes to comply with the pretreatment standards included in the National Pollution Discharge Elimination System (NPDES) permit issued to the sewage works.

60.20  RESOLVE DIFFERENCES BETWEEN USERS AND OFFICIALS

Any differences that may arise between users and officials of the sewage works, which cannot be resolved at the level maybe, appealed to the Fairmount Town Council.

60.21  FEE FOR SEPTIC TANK HAULERS

Septic tank haulers shall be permitted to unload untreated sewage at the sewage treatment plant upon payment of a fee of Fifty Dollars ($50.00) for the first one thousand (1,000) gallons of untreated sewage unload, and five cents (.05) for each additional gallon of untreated sewage unloaded at the sewage treatment plant.  A penalty of ten percent (10%) shall be added for the failure of a sewage hauler to pay within sixteen (16) days from the date that the bill has been mailed by the Town.  If the bill is not paid by the seventh (7th) day of the month following the month when the bill was initially sent by the Town, the septic tank hauler will not be permitted to unload any further untreated sewage at the sewage treatment plant.  However, under any circumstances, the Town, by and through its department head for its sewage utility, may refuse to accept any septic tank hauler which he determines, in his discretion, would be harmful to the operation of the Town Sewage Treatment Works. 

Statutory History:

Ord. 8-1983;   adopted   5-26-83

Ord. 1-1984;   adopted   4-23-84

Ord. 8-1986;   adopted 10-13-86

Ord. 11-1987; adopted 12-14-87

Ord. 2-1995;   adopted   1-09-95

Ord. 9-1995;   adopted   6-26-95

Ord. 9-2000;   adopted   6-10-00

Ord. 8-2001;adopted12-10-01

CHAPTER 61: Town Sewage System

Section

            61.01  Definitions

            61.02  Prohibited Acts

            61.03  Building Sewer Permits          

            61.04  Prohibited Discharges

            61.05  Pretreatment of Industrial Waste

            61.06  Approval of Treatment Facilities

            61.07  Discharge of Unpolluted Water

            61.08  Discharge of Polluted Water

            61.09  Sampling of Strength of Wastewater

            61.10  Unusual Flow

            61.11  Comply with State and Federal Requirement

            61.12  Damage to Town Sewer Works

            61.13  Inspections

            61.14  Violations

            61.15  Fines

            61.16  Violators Liable to Town of Fairmount         

            61.17  Difference between User and Officials

61.01  Definitions

(1)  Biochemical Oxygen Demand (BOD) means the quantity of oxygen expressed in milligram per liter, utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty (20) degrees Centigrade.

(2)  Building Drain means that part of the lowest horizontal piping of a drainage system which receives the discharges from soil, waste and other drainage pipes inside the  wall of a building and conveys it to the building sewer beginning three (3) feet outside the building wall.

Building Drain - Sanitary A building drain which conveys sanitary or industrial sewage only.

Building Drain - Storm A building drain which conveys storm water or other Clearwater drainage, but no wastewater. 

(3)  Building Sewer (or house connection) means the extension from the building drain to the public sewer or other place of disposal.

Building Sewer - Sanitary A building sewer which conveys sanitary or

industrial sewage only.

Building Sewer - Storm A building sewer which conveys storm water or other clearwater drainage, but no sanitary or industrial sewage.

(4)   Combined Sewer means a sewer intended to receive both wastewater and storm or surface water.

(5)  Compatible Pollutant means biochemical oxygen demand, suspended solids, PH, and fecal coliform bacterial, plus additional pollutants identified in the NPDES Permit pollutants and does remove the pollutants to a substantial degree.  The term “substantial degree” is not subject to precise definition, but generally contemplates removals in the order of eighty (80) per cent or greater.  Minor incidental removals in the order of ten (10) to thirty (30) per cent are not considered substantial.  Examples of the additional pollutants which may be considered compatible include:

A.  chemical oxygen demand,

B.  total organic carbon,

C.  phosphorus and compounds,

D.  nitrogen and nitrogen compounds, and

E.  fats, oils, and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works). 

(6)  Easement means an acquired legal right for the specific use of land owned by others.

(7)  Fecal Coliform  means 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.

(8)  Floatable Oil means oil, fat, or grease in a physical state, that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the Town.

(9)  Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

(10)  Incompatible Pollutant means any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids.

(11)  Industrial Waste means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

(12)  Infiltration means the water entering a sewer system, including building drains and sewers, from the ground, through means including defective pipes, pipe joints, connections, or manhole walls.  Infiltration does not include inflow.

(13)  Infiltration/Inflow means the total quantity of water from both infiltration and inflow without distinguishing the source.

(14)  Inflow means the water discharged into a sewer system, including building drains and sewers, from sources including roof leader, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, and combined sewers, catch basins, storm waters, surface run-off, street wash waters or drainage.  Inflow does not include, and is distinguishable from, infiltration.

(15)  Inspector means the person duly authorized by the Town, through its Board of Public Works and Safety, to inspect and approve the installation of building sewers and their connection to the Town Sewer System.

(16)  Major Contributing Industry means an industry that:

A.  has a flow of at least fifty thousand (50,000) gallons or more per average work  day;

B.  has a flow greater than five percent (5%) of the flow carried by the Town system receiving the waste; 

C.  has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Section 307 (a) of PL 92-500; or

D.  has a significant impact, either singly or in combination with other contribution industries, on a treatment works or on the quality of effluent from the treatment works.

(17) NPDES Permit means a permit issued under the National Pollutant discharge Elimination System for discharged of wastewaters to the navigable water of the United States pursuant to Section 402, PL 92-500.

(18)  Natural Outlet  means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

(19)  Normal  Domestic Sewage means (for the purpose of determining surcharges) wastewater or sewage having an average daily concentration as follows:

A.  (220) milligrams per liter; and

B.  Suspended solids of not more than two hundred twenty (220) milligrams per liter.

(20)  PH means the reciprocal of the logarithm of the hydrogen ion concentration.  The concentration is the weight of Hydrogen ions, in grams per liter of solution.

(21)  Person  means any user of the Town treatment works.

(22)  Pretreatment means the treatment of industrial sewage from privately owned industrial sources prior to introduction into the Town treatment works.

(23) Private Sewer means a sewer which is not owned by a public authority.

(24) Properly Shredded Garbage means the wastes from the preparation, cooking, and dispensing of food that has been shredded so 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.

(25) Public Sewer means a sewer which is owned and controlled by the public authority and consists of the following increments:

A.  Collector Sewer means a sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.

B.  Interceptor Sewer means a sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.

C.  Force Main  means a pipe which wastewater is carried under pressure.

D.  Pumping Station means a station positioned in the public sewer system at which wastewater is pumped to a higher level. 

(26) Sanitary Sewer means a sewer which carries sanitary and industrial wastes, and to which storm, surface, and ground water are not intentionally admitted.

(27) Sewage means the combination of the liquid and waste-carried wastes from residences, commercial building, industrial plants and institutions, (including polluted cooling water).  The three most common types of sewage are:

A. Sanitary Sewage means the combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.

B.  Industrial Sewage means a combination of liquid and water carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment.  This includes wastes from pretreatment facilities and polluted cooling water.

C.  Combined Sewage means wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer. 

(28) Sewage Works means the structures, equipment and processes to collection, transport and treatment domestic and industrial wastes and dispose of the effluent and accumulated residual solids. 

(29) Sewer  means a pipe or conduit for carrying sewage. 

(30) Shall is mandatory; May is permissive.

(31)  Slug means 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 ten (10) minutes more than three (3) times the average twenty-four (24) hours concentration or flows during normal operation and will adversely affect the collection system.

(32) Standard Methods  means 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, and the American Water Works Association and the Water Pollution Control Federation.

(33)  Storm Sewer means a sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and industrial wastes are not intentionally admitted.

(34) Superintendent means the Superintendent of the Town sewage works or the superintendent’s authorized deputy, agent or representative.

(35) Suspended Solids means solids that either floats on the surface of, or are in suspension in, water, sewage, or other liquids and which are removable by laboratory filtering.

(36) Total Solids means the sum of suspended an dissolved solids.

(37) Toxic Amount means concentrations of any pollutant or combination of pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutation, and physiological manifestations, as defined in standards issued under Section 307 (a) of PL 92-500.

(38) Unpolluted Water means 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. 

(39) Volatile Organic Matter means the material in the sewage solids transformed to gases or vapors when heated to five hundred fifty (550) degrees Centigrade for fifteen (15) to twenty (20) minutes.

(40) Watercourse means a natural or artificial channel for the passage of water either continuously or intermittently.

61.02 Prohibited Acts

(1) A person may not place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town, or in any area under the jurisdiction of the Town, any human excrement, garbage, or other objectionable waste.

(2)  A person may not discharge or cause to be discharged to any sanitary sewer or combined sewer, either directly or indirectly, stormwater, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted water, or unpolluted industrial process water.  The Town shall require the removal of unpolluted wastewater collection or treatment facility if that removal is cost-effective and in the best interests of all users of those facilities.

(3)  Stormwater, surface water, ground water, roof runoff, sub-surface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewer which have adequate capacity for their accommodation.  A person may not use these sewers, however, without the specific permission of the town.

(4)  No new connection shall be made unless there is capacity available to all downstream sewers, lift stations, force mains, and the sewage treatment plant, including capacity for BOD and suspended solids.

(5)  A person may not place, deposit or permit to be deposited 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 Code section and the NPDES Permit.

(6)  A person may not 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 Code section and the NPDES Permit.

(7)  Except as provided in this Code section, no person may construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

(8)  The owner of a house, building or property 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 located on May 9, 1983, a Town public sanitary or combined sewer shall, at the owner’s expense, install suitable toilet facilities in that structure, and connect the facilities directly with the proper public sewer in accordance with the provisions of this Code section, within ninety (90) days after date of official notice to do so, if the public sewer is within one hundred (100) feet of the property line.

61.03 Building Sewer Permit

(1)  An unauthorized person may not uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance of it without first obtaining a written permit from the Clerk-Treasurer.

(2)  There shall be two (2) classes of building sewer permits:

            A.  For residential and commercial service; and

            B.  For service to establishments producing industrial wastes.

In either case, the owner or the owner’s agent shall make application of the form furnished by the Town.  The permit application must be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Inspector.  A permit and inspection fee of Three Hundred Dollars ($300) for a residential with the Utility supplying a stainless steel saddle for the tap.  The Town Council shall determine all commercial and industrial building sewer permits fees.  All permit fees shall be paid to the Clerk-Treasurer when application is filled.

(3)  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 form any loss or damage that may directly or indirect5ly be occasioned by the installation of the building sewer.  

(4)  A separate and independent building sewer shall be provided for every building.  This requirement does not apply 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, courtyard, or driveway.  In that case, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(5)  Building sewers already existing on the property may be used in connection with new buildings if they are found, on examination and test by the Inspector, to meet all requirements of this Code section.

(6)  The size, slope alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointly testing, and backfilling the trench, shall conform to the requirements of the Town building and plumbing code or other applicable Town rules and regulations.  In the absence of code provisions or the amplify them, the materials and procedures set forth in appropriate specification of the A.S.T.M. and W.P.C.F. manual of Practice No 98 shall apply.

(7)  Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings where the drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by the building drain must be lifted by an approved means and discharged to the building sewer.

(8)  A person may not make connection of roof downspouts, exterior foundation drains, areaway drains, or other source of surface run-off or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(9)  The connection of the building sewer into the public sewer shall conform to the requirements of the Town Building and plumbing code or other applicable Town rules and regulations, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9.  All connections must be made gas tight and watertight.  Any deviation from the prescribed procedures and materials must be approved by the Superintendent  before installation.

(10) 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 must be made under the supervision of the Inspector or his representative.

(11) All excavations for building sewer installation must be adequately guarded with barricades and lights to protect the public from hazard.  Streets, sidewalks parkways, and other public property disturbed in the course of the work must be restored in a manner satisfactory to the Town.

61.04  Prohibited Discharges 

(1) A person may not discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

A.  Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

B.  Any water 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.

C.  Any waters or wastes having a PH lower than 5.5, and having any oth4er corrosive property capable of causing damage or hazard to structure, equipment, and personnel of the sewage works, or that interferes with any treatment process.

D.  solid or viscous substances in quantities or of a size capable of causing obstruction to the flow is sewers, or their interference with the proper operation of the sewage works including ashes, cinders, sand, mud, straw, shavings, metal, glass, rages, feathers, tar, plastics, wood, unground garbage, whole blood, paunch, manure, hair and fleshing, entrails, paper, dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(2)  A person may not discharge or cause to be discharged the following substances, materials or wastes if it appears likely, in the opinion of the Superintendent that the wastes could harm either the sewers, sewage treatment process, or equipment, have a adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance.  In forming an opinion concerning the acceptability of these wastes, the Superintendent will give consideration to factors including 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, and other pertinent factors. The substances prohibited are:

A.  Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit or sixty-five (65) degrees Centigrade.

B.  Any water or waste containing fats, wax, grease, or oil, whether emulsified or not, in excess of one hundred (100) milligrams per liter or containing substances which may solidify or become viscous at  temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit or zero and  sixty-five (0 and 65) degrees Centigrade. 

C.  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 (0.76 HP metric) or greater must be reviewed and approved by the Superintendent.

D.  Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

E.   Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to the degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.

F.  any waters or wastes containing phenols or other taste or odor producing substances, in concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirement of the State, Federal or other public agencies of jurisdictions of such discharge to the receiving waters.

G.  any radioactive wastes or isotopes with a half life or concentration exceeding limits established by the Superintendent in compliance with applicable State or Federal Regulations.

H.  Any waters or wastes having a PH in excess of 9.5. 

I.  Materials which exert a cause:

(i)  Unusual concentrations of inert suspended solids including fullers earth, lime slurries, and lime residues, or of dissolved solids including sodium chloride and sodium sulfate.

(ii)  Excessive discoloration including dye wastes and vegetable tanning solutions. 

(iii)  Unusual BOD, chemical oxygen demand, or chlorine requirements in quantities which constitute a significant load on the sewage treatment works.

(iv)  Unusual volume of flow of concentration of wastes constituting “slugs”.

J.  Waters and wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to the degree that the sewage treatment effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

3.  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 (e) (2) of this Codes section, 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:

a.  Require new industries or industries with significant increase in discharges to submit information on wastewater characteristics and obtain prior approval for discharges.

b.  Reject the wastes in whole or part for any reason deemed appropriate by the Town. 

c.  Require pretreatment of wastes to within the limits of normal sewage as defined in this Code section.

d.  Require control or flow equalization of the wastes so as to avoid any “slug” load or excessive loads that may be harmful to the treatment works, or

e.  Require payment of a surcharge or any excessive flows or loadings discharged to the treatment works to cover the additional cost of having capacity for the treating these wastes.

     If the Superintendent permits the pretreatment or equalization of waste flows,  the design and installation of the plant and equipment shall be reviewed and approved by the Superintendent and subject to all requirements imposed by applicable codes, ordinances and laws.

4.  Where preliminary treatment of flow-equalizing facilities are provided for any waters and wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense.

5.  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 the necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes.  The manhole, when required, must be accessibly and safely located, and be constructed in accordance with plans approved by the Superintendent.  The manhole shall be maintained by the owner 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 may enter all properties to inspect, observe, measure, sample and test.

6.  All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this Code section 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 the control manhole, except for application of NPDES permits and the report of it which shall be conducted in accordance with rules and regulations adopted by the USEPA published in the Federal Register on October 16, 1973, (38 CFR 20758) and any subsequent revisions subject to approval by the Town.  If 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 (24) hour composite of all outfalls of a premises is appropriate or whether a grab sample or sample should be taken.  Normally, but not always, BOD suspended solids analysis will be obtained from twenty-four (24) hours composites of all outfalls, whereas PH’s will be determined from periodic grab sample.

7.  No statement in this Code section shall be construed as preventing any agreement or arrangement between the Town and any industrial concern under which an industrial waste of usual strength or character may be accepted by the Town for treatment, subject to payment by the industrial concern at rates compatible with Town Code section Chapter 60. 

61.05 Pretreatment of Industrial Wastes

     Pretreatment of industrial wastes from major contribution 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 (USEPS) and published in the Federal Register on August 25, 1978, (43 CFR part 23), and “Federal Guidelines Establishing Test procedures for Analysis of Pollutants” published in the Federal Register on October 16, 1973, (40 CRR part 136,) in addition to any more stringent requirements established by Town, and any subsequent State and Federal guidelines, rules and regulations.

61.06 Approval from Town for Treatment Facilities 

            Plans, specifications and any other pertinent information relating to pretreatment or control facilities shall be submitted to the approval of the Town.  No construction of facilities may be commenced until the Town Grants approval in writing.  Where these facilities are provided, they shall be maintained continuously in satisfactory and effective operating order by the owner at the owner’s expense and shall be subject to periodic inspection by the Town to determine that the facilities are being operated in conformance with the applicable Federal, State and Town Laws, ordinances, and permits.  The owner shall maintain operating records of the influent and effluent to show the performance of the treatment facilities and for comparison against Town monitoring records.

61.07  Discharge of Unpolluted Water

            Unpolluted water from air conditioners, cooling, condensing systems, or swimming pools shall be discharged to a storm sewer, where available, or to a combined sewer discharged may be to a natural outlet approved by the Town and by the State.  If a storm sewer, combined sewer, or natural sewer is not available, unpolluted water may be discharged to a sanitary sewer pending written approval by the Town.

61.08  Discharge of Polluted Water

            (1)  Industrial cooling water, which may be polluted with insoluble oils or grease or suspended solids, shall be pretreated for removal of pollutants.  The resultant clear water shall be discharged in accordance with the above section. 

            (2)  The Town may require users of the treatment works, other than residential users, to supply pertinent information on wastewater flows characteristics.  The measurements, tests, and analyses shall be made at the users’ expense.  If made by the Town, the Town may assess an appropriate charge.

61.09  Sampling of Strength of Wastewaters 

            The strength of wastewaters shall be determined, for periodic establishment of charges provided for in Town Code Section Chapter 60, from samplings taken at the structures mentioned in this Code section at any period of time and of the duration and manner elected by the Town, or, at any place mutually agreed upon between the user and the Town.  The Town may asses appropriate charges for sampling and analysis.  The results of routing sampling and analysis by the user may also be used for determination of charges after verification by the Town. 

61.10  Grease, Oil & Sand Interceptors or Traps Required

            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, and other harmful ingredients, except that the interceptors or traps will not be required for private living quarters or dwelling units.  All interceptors or traps must be of a type and capacity approved by the Town and located to be readily accessible for cleaning and inspection.  They must be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperatures and of  substantial construction, gas tight, water tight, and equipped with easily removable covers.  Where installed, all grease, oil and sand interceptors or traps must be maintained by the owner, at the owner’s expense, in continuously efficient operation at all times.

61.11  Unusual Flows or Wastes

            Users of the treatment works shall immediately notify the Town of any unusual flows or wastes that are discharged into the sewer system.

61.12  Code must comply with State and Federal

            All provisions of this Code section and the limits set in it must comply with any applicable State and Federal requirements in effect on or after May 9, 1983.

61.13  Damage Town Sewer Works

            An unauthorized person may not maliciously, willfully or negligently break, damage, uncover, deface, or tamper with any structure appurtenance, or equipment which is a part of the Town sewage works.

61.14  Inspections 

1.  The Superintendent, Inspector and any other duly authorized Town Employee bearing proper credentials and identification may enter all properties to inspect, observe, measure, sample, and test in accordance with this Code section.  The Superintendent or the Superintendent’s representative may not inquire into any process including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point have a direct bearing on the kind and source of discharge to the sewers or water ways or facilities for waste treatment.

2.  While performing the necessary works on private properties referred to in subsection (61.11) (1), the Superintendent or the duly authorized Town employee shall observe all safety rules applicable to the premises established by the company.  The company shall be held harmless for injury or death to the Town employees and the Town shall indemnify the company 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 those caused by negligence or failure of the company to maintain safe conditions as required in Section (61.04) (5).

3.  The superintendent and other duly authorized Town employees bearing proper credentials and identification may enter all private properties through which the Town holds a duly negotiated easement to inspect, observe, measure, sample repair, and maintain any portion of the sewage works lying within the easement.  All entry and subsequent work, if any, on the easement, must be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

61.15  Violations

            Any person who violates any provision of this Code section except subsection (61.12) (3) shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for its satisfactory correction.  The offender shall, within the period of time stated in the notice, permanently cease all violations.

61.16  Fines

            Any person who continues any violation beyond the time limit provided for in Section (61.14) commits an ordinance violation and upon on conviction, shall be fined not more than five hundred dollars ($500) for each violation.  Each day a violation continues constitutes a separate ordinance violation.

61.17  Violators Liable to the Town  

            Any person violating any provisions of this Code section is liable to the Town for any expense, loss, or damage occasioned by the Town by reason of the violation.

61.18  Difference Between Users and Officials

            Any difference that arises between users and officials of the Town Sewage Works that cannot be resolved at the level may be appealed to the Board.

Ordinance 9-1983, adopted May 9, 1983

Ordinance 7-2002, adopted July 22, 2002

CHAPTER 62: PUBLIC SERVICE COMMISSION

Section 62.01  Removal of Town from Public Service Commission

A.  Whereas, the Town of Fairmount, Indiana, is presently the owner and operator of a water utility for the benefit of the residents of the Town of Fairmount; and

B.  Whereas, pursuant to State Statutes the rates and charges for said utility are presently subject to the jurisdiction and approval of both the Council of the Town of Fairmount and the Public Service Commission of the State of Indiana; and

C.  Whereas, the Indiana General Assembly adopted Public Law 74 of the Acts of 1982 (IC 8-1.5-3-9), whereby a legislative body of a own that wants to be taken out of the jurisdiction of the Commission for approval of rates and charges may by ordinance submit the question to the registered voters of the town at the next general election pursuant to IC 8-1.5-3-9; and

D.  Whereas, the Council desires to submit the question to the registered voters of the town at the next election to be held in November of 1987.

E.  Be it ordained by the Town Council of the Town of Fairmount, Indiana:  That the following question shall be submitted to the registered voters of the Town of Fairmount, Indiana at the next election to be held in November, 1987.

“Shall the municipally-owned utility be taken out of the jurisdiction of the Public   Service Commission for approval of rates and charges?”

Ordinance #2-1987, adopted May 26, 1987

CHAPTER 63: Water Rate and Usage

Section

63.01   Title

63.02   Rates and Charges

63.03   General Conditions

63.04   Meter Regulations

63.05   Depreciation Account

63.01 TITLE

     The Town Council of the Town of Fairmount finds that the existing rates and charges for the use of and service rendered by the waterworks of said Town are too low and are insufficient to enable the Town to properly operate and maintain its waterworks plant, to provide for depreciation, to pay service on indebtedness of the waterworks and maintain a debt service reserve, finance necessary extensions, betterment and improvements to the system, to provide a reasonable return and to make payments in lieu of taxes, all as is provided  for by IC8-1-5-3-8, and the existing rates and charges should be increased.

63.02   RATES AND CHARGES

(1)   There shall be and it hereby established for the use of the service rendered by the Water works system of the Town of Fairmount, the following rates and charges, based on the use of water supplied by said Water Works System:

Metered Rates:

Consumption Per Month                                            Rate Per 1,000 Gallons

First                 2,000 Gals.                                                      $9.88

Next                3,000 Gals                                                         6.69

Next                5,000 Gals                                                         6.34

Next              10,000 Gals                                                         5.01

Next              30,000 Gals                                                         4.00

Next              50,000 Gals                                                         3.66

Next            100,000 Gals                                                         3.33

Minimum Monthly Charge

Meter Size

5/8” – ¾”                                                                              $ 19.76

1”                                                                                            31.17

1 ½”                                                                                        49.84

2”                                                                                            81.56

3”                                                                                           135.54

4”                                                                                           199.65

6”                                                                                           339.70

Fire Protection Service

Municipal Hydrants – per hydrant – per annum                    $150.00

Private Hydrants – per hydrant – per annum                            247.35

Private Fire Protection Services

2” – per annum                                                                       $   54.95

3” – per annum                                                                          122.85

4” – per annum                                                                          218.20

6” – per annum                                                                          491.30

8” – per annum                                                                          872.65

10”- per annum                                                                       1,363.95

Municipal Drinking Fountains – per annum                          $ 136.60

63.03   GENERAL CONDITIONS 

(1)   It is hereby made a condition prior to the use of water by any consumer, and to the permission to tap any main or connect service pipes with any main, that no person will be entitled to damages for any stoppage of water supply occasioned by accident to any part of the Water Works, or for repairs of machinery, fire hydrants or mains.  The Town reserves the right to restrict use of water for any and all purposed except domestic and fire purposes.

(2)   A person desiring a normal installation with water main adjacent to property must hire a licensed plumber to do the work, but no plumber shall do said work until the necessary tap fees have been paid and a permit issued by the waterworks superintendent.  Taps will made only by Fairmount Utility.  The water works superintendent must inspect all work at meter box before being covered up.  Costs of running service to any property will be at the expense of the property owner.  Tap fees of One Thousand and Five Hundred Dollars ($1,500.00) shall be paid at the water office.  Twenty per cent (20%) of the tap fee will be placed in a special fund for the repairs and replacement of equipment used in making a water tap.

(3)    A person wanting to tap into the water main must first pay a tap fee at the Water Office of  One Thousand Five Hundred Dollars ($1,500).  If any employee or agent of the Town is required to assist in any manner with the connection, opening into, use, alter, or disturbing of such public water lines besides the inspection, the owner of such property will be  required to reimburse the Town for all costs and expense incurred by such Town assisting in such connection.

(4)  Service pipes intended to supply two or more distinct premises, or tenements (trailer courts are exempt) must be provided with a separate and distinct meter for each tenement.

(5) All owners or occupants are forbidden to furnish water or allow the same to be taken from their private hydrants or from their premises by any person without written permit signed by the Superintendent of the Water Works.

(6) No person shall take water from any public or private hydrant, faucet, residence or   fountain, except for fire purposes, unless authorized by the Water Works Superintendent or by the Town Clerk, or for use by the Fire Department.  No one may use or take any water supplied by the Water Works from a hydrant, faucet, or fountain without first making arrangements for payment or paying for it in advance, and receiving a receipt from the Water Works Superintendent, or the Town Clerk.

(7) Consumers vacating premises must give notice at the Water Office in order that the water may be turned off, or they will be held responsible for the water bills until such notice is given.  Landlords are responsible for unpaid bills for their rentals.  No water will be turned on until all late bills are paid in full.

(8) All pipes or hydrants placed in or above building for fire hose, kept constantly attached.  Any openings found in such pipes without hose attached or the use of such hose for any other purpose that the extinguishing of fires will subject the premises to regular assessments.

(9) In all cases where services are connected directly to boilers or other hot water fixtures likely to cause a back pressure, a check valve must be placed on the service pipe, and any damage done to meters by back pressure from hot water shall be paid by the consumer.

(10) The Water Works Superintendent personally, or any person delegated for the purpose, must at all reasonable hours have free access to all parts of the premises to which water is delivered, for the purpose of reading, repairing, or removing water meters belonging to the Fairmount Water Works.

(11) All persons are forbidden to cover up or in any way interfere with any curb box, valve box, hydrant, meter or meter box, and will be held responsible for any and all damages done.

(12) All persons are forbidden to turn water on or off at the meter box, unless authorized by the water Superintendent.  When ready to be turned on or off they must report to the Water Office.  A penalty of Seventy-Five Dollars ($75) will be charged to any consumer for opening the meter box.  If damage is done to the meter setup by consumer, cost of repair will be charged to the consumer in addition to the penalty above.

(13)  Collection of Water bills in two or more units on the controlled by a “Master Meter”

A.    Two (2) or more dwelling units such as mobile homes, apartments, or housekeeping rooms are supplied with water by the Town and the quantity of water is measured by a single water meter (“master meter”) when the individual units may have separate meters (“secondary meter”).

B.    If payment is not made for any of the individual units within thirty (30) days of the due date, the town shall notify the owner of the real estate upon; which the dwelling units are located of the failure of the tenant to make timely payments.  If the owner does not turn off the secondary meter to the dwelling unit which has not make timely payments, the Town may then close out the individual unit’s account and apply the deposit toward the unpaid balance.  The owner of the real estate shall thereafter be filled upon the master meter which will include the dwelling unit for which payment have not been made.

C.    Nothing herein shall limit the Town’s ability to file its liens for unpaid utility bills as proved by Indiana Code.

63.04  METER REGULATIONS:

All service shall require a meter deposit before the water service will be connected, as per the following schedule:

5/8” meter x ¾” meter . . . . . . . . . . . . . $100.00

1” Meter          . . . . . . . . . . . . . . . . . . . . .  ..$100.00

1 ½” Meter . . . . . . . . . . . . . . . . . . . . . . . ….  $200.00

2” Meter . . . . . . . . . . . . . . . . . . . . . . . . .   $500.00

3” Meter . . . . . . . . . . . . . . . . . . . . . . . . . …$500.00

4” Meter . . . . . . . . . . . . . . . . . . . . . . …. . . $500.00

6” Meter . . . . . . . . . . . . . . . . . . . . …. . . . . $500.00

If the service has been disconnected over twice in a six month period, the customer will be required to make a second water meter deposit of $100.00 before service will be reconnected.

If the service has been disconnected over twice in a six month per

1.     All services not set out in the above schedule shall be metered.

2.     The Town Council or the Water Works Superintendent shall in all cases determine the size and location of the meter.

3.     Where meters are set in basements or cellars the consumer will be required to keep    the surroundings of the meter clean and of easy access and protect same from freezing or damages.

4.      Should any meter fail to register the quantity of water passing through the same, consumer will be charged their average from months prior to failure, or by such other average as determined by the Water Clerk.

5.      The Town will own, control, and set all meters, plumbers and all other persons are forbidden to interfere with or change locations of any meters without first obtaining permission to do so from the President of the Town Council or the Water Works Superintendent.

6.     Any person, firm or corporation vacating premises without paying all water bills up to the time of vacation will not be supplied with water through any other service until all such back water bills are paid. 

7.     All bills shall be due and payable on the fourth (4th) day of the month following date of billing.  Bills unpaid twenty (20) days following date of billing shall include a penalty of 10% on the first $3.00 of unpaid billing, and 3% on the balance in excess of $3.00 of unpaid billing.

8.     If a bill is not paid as above provided, the water utility shall have the right to disconnect service.  In the event of such disconnection, a charge of $20.00 shall be made for the reconnecting of such service for the same user.  If the reconnection occurs after regular business hours a charge of $30.00 shall be made for reconnection.

9.     Water furnished to temporary users, such as contractors, circuses, etc. shall be charged on the basis of gallonage as estimated or metered by the Water Works Superintendent.

10.  When a leak occurs, the sewage charge will be adjusted to the average consumption registered by meter before the leak or as determined by the Water Clerk.  If the leak is discovered when meters are being read, sewage will be adjusted on the next two (2) bills only if the leak is fixed.

11.  Only one month will be adjusted for a consumer with a faulty meter, being charged at their average before the meter stopped working, and paying this average, only to complain at a later date that their average was to high due to change in family or any other reason.

12.  Meters will be read each month when weather permits.  When meters cannot be read, billing will be based on average usage during the past six (6) months.  When meters are read the following month, consumer will be billed for any excess used over the average.  The Town Council or the Water Works Superintendent may direct consumer to let water run to prevent freezing of meters, in which case, consumers will be charged for only their average.  If average usage exceeds actual usage, the consumer will be billed only the unbilled water used for the time period when the bills were estimated.

13.  Anyone filling swimming pools or using excessive water must call the Water Office at the time of use, so the bill can be adjusted for sewage only.

14.  If a check is returned for insufficient funds, there will be a $25.00 charged for each check returned.  After two checks have been returned for NSF the consumer will be required to make payment either by cash or money order.

15.  A consumer wanting the water turned off for repairs will be turned off the first time at no charge.  For each additional time within a thirty (30) days period, a fee of $10.00 will be charged each time the meter is turned off.

16.   Cross-Connections are illegal, and any time the Water Works find a cross-connection and notifies the property owner, the owner will remove immediately, or the water will be disconnected.

17.  Any consumer requesting service turned off for the winter or vacation will be charged a $15.00 reconnecting fee when service is reconnected.

63.04    WATER DEPRECIATION ACCOUNT

A.   The Town of Fairmount, Indiana shall continue to maintain a depreciation account for the purpose of the maintenance, extension, and additions of new construction to the property of the water works of the Town of Fairmount, Indiana.

B.    Twelve percent (12%) of the gross revenues of said water works shall be paid into the “depreciation account”, which funds shall thereafter be retained and invested for the benefit of the water works until such time as the same shall be utilized by the Town Council of Fairmount, Indiana, for the maintenance, extension, additions or new construction for the use and benefit of the operation of the water works for the Town of Fairmount, Indiana.

63.05   Special Purpose Water

A  Special purpose water means water which is requested to be provided by the Fairmount Utility Department to be utilized for a limited term and for purposes other than drinking water or for sewage usage.

1.      For any person wishing to request special purpose water, he shall first be required to file a written work order for service in the Utility Water office and shall supply all information requested upon such written work order.

2.     Fairmount Utility Department shall install a meter for the purpose of measuring         the amount of water which may be used for the special purpose water.

3.     All water used at the site shall be invoiced pursuant to the rate schedule in effect in the Town of Fairmount, Indiana. Such charges shall be the responsibility of the customer who requested the installation of the meter and use of the special purpose water, irrespective of whether or not the customer is the owner of the property to which the water is being supplied.  Such invoice shall be subject to all the same requirements concerning payment as provided for within Section 63.

4.     The Town of Fairmount shall have the right to reject any application for a valid reason.  If any usual construction or equipment expenses are to be involved in furnishing this service, the Town may require the contract to be a specified period of time before the service shall be provided.

5.     A set up charge of $25.00 at each address and each occurrence shall be charged for the installing, removing, testing of plumbing and invoicing the special purpose water for any accounts established for less than a three (3) month period.

6.     The original customer shall be responsible for all charges incurred for supplying the water until the Town receives notice to discontinue the service. 

B  Discontinuance of Service. 

1.      If any user shall desire to discontinue the special purpose water service, the user must notify the Utility Department and provide a specific date upon which the service is to be discontinued.  Such notice shall be provided at least five (5) days in advance to provide a reasonable opportunity for the Town to obtain a final meter reading.  Any failure to provide notice as indicated herein shall obligate the user to all charges by the Town for the special purpose water furnished until such time as the Utility Department has been notified of the desire to discontinue service. 

2.      If all services is to be removed, the user shall notify the Utility Department that service is no longer required and request removal of the meter by the Town.

3.     Any person leaving an address who still has unpaid utility charges shall continue to be liable for those user charges even after moving it they failed to notify the Fairmount Utility Department and request a discontinuance of water service and/or removal of the water meter.  Any user who fails to make payment for the unpaid water invoice for a period in excess of 45 days after billing, the Town may discontinue service to the user at his current address.

4.     If all service is to be removed, the user shall notify the Utility Department that service is no longer required and request removal of the meter by the Town.

5.     Any person leaving an address who still has unpaid utility charges shall continue to be liable for those user charges even after moving if they have failed to notify the Fairmount Utility Department and request a discontinuance of water service and/or removal of the water meter. Any user who fails to make payment for the unpaid water invoice for a period in excess of 45 days after billing, the Town may discontinue service to the user at his current address.

Ord.  #2-1987, passed 5-25-987

Ord . $3-1988, passed 4-28-88

Ord   #5-1991, passed 12-23-91

Ord.  #2-1994, passed 6-27-94

Ord   #8-2000, passed 7-31-00

Ord #11-2000, passed 8-28-00

Ord   #8-2002, passed 07-22-02

Ord. #12-2004, passed 3-1-05

Ord.  #6-2007; passed 2-26-07

Ord.  #7-2007; passed 6/25/07

Ord.  #8-2009; passed 10/12/09

Ord. #8-2010; passed12/13/10

Ord. #9-2020; passed 8/24/2020

Chapter 64: Trash

Section

            64.01   Terms and Conditions

            64.02  Rates

            64.03   Exceptions

            64.04   Definitions

            64.05   Applicability of Ordinance and General Provisions

64.01  Terms and Conditions

1.  All garbage and rubbish involving residential and commercial  users shall be picked up on one occasion each week at a time to be determined from time to time by the Town Council. 

2.  All garbage and rubbish involving residential users shall be placed in up to six (6) dumpsters for which all garbage and rubbish shall be placed within the dumpster provided. 

3.  All magazines and papers will be stocked and tied in bags. 

4.  All commercial establishments will be allowed six (6) bags.  Any additional bags or dumpsters will be provided at a special rate which will be established from time to time by the Town council.

5.  All garbage and rubbish to be removed must be set within five (5) feet of a traveled street.  All garbage and rubbish will be picked up at curbside only, and no garbage or rubbish will be picked up from any barrels or in other non-approved containers.

64.02  Rates

1. All residential users shall pay the sum of $11.25 per month, which shall be added by the town Clerk to the monthly water and/or sewage bill and shall be charged one (1) month in advanced, which will be assessed for each utility bill.

2.  All commercial establishments will be charged the sum $11.25 per month, which shall be included on its water and/or sewage bill by the Town Clerk one (1) month in advance.  Each commercial establishment may be charged and additional charge for any additional bags or dumpsters to be picked up which shall be added to thestandard rate for commercial users which will be assessed for each utility bill.

3.  All bills shall be due and payable on the fourth day of the month following date of billing.  Bills unpaid twenty (20) days following the date of billing shall include a collection charge of ten percent (10%) on the unpaid balance.

4.  If a bill is not paid under this subsection, the town may disconnect service.  The town may disconnect the water and/or sewage for the residential and commercial user.  If a disconnection occurs, the user shall pay a charge of twenty dollars ($20.00) for reconnection of service for the same user. 

64.03  Exceptions

1.  Any commercial users which must have pickup of garbage or rubbish for five (5) or more days per week because of the nature of their commercial enterprise shall be exempt from purposes of this Ordinance and shall be entitled to procure their own independent trash hauler.

2.  If a residential or commercial user is vacant for an entire billing period for a entire billing period and is utilizing no water during the entire billing period, the user shall be exempt from the monthly rate set forth in Section 64.02 above during the time of the vacancy.  In the case of an apartment owner or mobile home park owner which apartments or mobile homes are served by a single meter for the entire apartment complex or mobile home park as opposed to individual meters, the owner shall be entitled to notify the clerk at the beginning of the vacancy, and if the vacancy continues for the entire billing period for any unit in the apartment complex or any mobile home, the owner hall be exempt from the monthly rate charge specified in Section 64.02 for each vacant unit and shall be given credit against the next utility billing.

3.  Any residential users or commercial user who has more than one (1) water meter, but the total number of water meters are serving only one (1) residential user or one (1) commercial user, the user shall be charged for only one (1) trash pickup rate per month.

4.  Any seasonal commercial user shall be exempt from the provisions of this Ordinance.

5.  All commercial users, mobile home parks, civic organizations and apartment buildings will three (3) or more units, shall be entitled to exempt itself from participation in the pick up of garbage and rubbish by the Town.  Such exemption shall be made by providing written notice to the Clerk’s Office prior to September 1st of each year.  Such notice shall thereafter exempt the commercial user, mobile home park, civic organizat5ion or apartment buildings with three (3) or more units for the next twelve (12) months, or until September 1st of the following year.  The exemption will thereafter be considered automatic until such time as the commercial user, mobile home park, civic organization or apartment building with three (3) or more units shall notify the Clerk in writing prior to September 1st of their desire to participate under the terms of this Ordinance for the following twelve (12) months.

64.04 Definitions

1. Residential User:  A residential user shall include any home, dwelling, mobile home, modular home, apartment, duplex or any other form of structure which is used for human habitation whether or not such structure is served by its own individual water meter and/or sewage hook-up.  For purposes of the definition herein, a residential user shall apply to each unit which is inhabited by a separate family unit so that a single family dwelling shall count as one (1) residential unit, each apartment in an apartment complex shall count as one (1) residential user, a duplex shall count as two (2) residential units and the same arrangement shall apply for any other dwellings which may be utilized in any manner for multiple usage.

2.  Commercial User:  Commercial user is defined for purposes of this Section as Including any building or any other structure, whether permanent or non-permanent, which currently has a water meter or is provided sewage disposal hook-up the town, but does not meet the definition of a residential user.

3.  Seasonal Commercial User: A seasonal commercial user shall be any commercial user who may posses a water meter or a sewage disposal hook-up, but who uses town water or sewage less than six (6) months per year and whose water meter is removed during the non-service time.

64.05 Applicability of Ordinance and General Provisions

1.  If any sums of monies collected as rates under Section 64.02 shall have a balance which is deemed by the Town Council to be sufficient to pay all current obligations to the town’s trash hauler, any excess balance may be transferred by a majority vote, may either transfer any excess balance to any other accounts which may be determined as appropriate by the Town Council, or they may elect to grant a credit to the residential and commercial users in an amount to reduce the excess balance.

Ordinance #3-1993; adopted July 26, 1993

Ordinance #5-1994; adopted September 26, 1994

Ordinance #10-1995; adopted July 24, 1995

Ordinance #2-2006; adopted May 10, 2006

Ordinance #2-2009; adopted September14, 2009

CHAPTER 66: CUSTOMER APPLICATION AND DEPOSIT POLICY

Section

66.01   Application and Deposit Policy

66.02   Residential

66.03   Residential Owner Occupied or Rental

66.04   History Defined

66.05   Refunding of Deposit and the Payment of Interest

66.01  CUSTOMER APPLICATION AND DEPOSITS REQUIREMENTS

New or moving customers applying for utility service shall do so in person at the Clerk’s and Water Office; and shall put down a deposit.

When submitting the “Application for Utility Service”, the applicant will be asked for proof of identification (Driver’s License preferred).  This is necessary to the collection process, if necessary, and to eliminate possible falsification of who is actually living at the service address.  The Water Office will make a copy of the proof document and attach it to the application form.  A copy will then be mailed to the property owner or manager advising that his tenant has applied for utility service. 

After reviewing the application for completeness, the Water Office will determine the deposit requirement, and review computer and/or other records to verify that the applicant has no previous history of being past due and for any previous account balances that still are due.

Upon payment of any required cash deposit, a receipt will be issued to the applicant.

Deposit Requirements:

CUSTOMER TYPE                                       WATER

Residential – Rental                                       $100.00

Residential – Owner Occupied                      $100.00

Commercial – Industrial

5/8” x ¾” Water Meter                                   $100.00

1”  Water Meter                                              $100.00

2”  Water Meter                                              $500.00

3”  Water Meter                                            $500.00

4”  Water Meter                                            $500.00

6”  Water Meter                                            $500.00

66.02  RESIDENTIAL – GENERAL

When a previously terminated account (owner-occupied or renter) returns to establish a new account after a period of time has elapsed, the deposit on those accounts which have previously established a negative credit history (See below for “History Defined”) with Fairmount Utilities, may be double the regular deposit as stated above and any amounts previously written off as bad debts must be paid and any collection or legal fees paid to outside agencies must be reimbursed before a new account will be established.

If an active account (Owner occupied or renter) continually becomes or remains past due (determined by multiple application of penalty charges against the account), or service has been disconnected due to non-payment, a deposit equal to double the schedule established above may be required for continuation or reestablishment of service.

66.03  RESIDENTIAL OWNER OCCUPIED OR RENTAL

A deposit shall always be required before utility service will be rendered. 

When a rental account moves to a new account, a new Application of Utility Service” shall be required.  The old deposit normally shall be transferred to the new account.  If, however, the customer has developed a history of being past due (see below for “History Defined”), the old deposit shall stay with the old account and a new deposit shall be required for the new account.  In this event, the deposit required on the new account may be double the regular deposit requirement.  The old deposit will be applied to the current and final bills of the old account, and the balance, if any, will be refunded.  If the old account is past due on the moving day, a new account will not be established until the old account is brought current.

If, after the final bill is prepared, the old deposit is not sufficient to cover the remaining charges on the old account and the old account becomes past due, the new account will be subject to service termination as though the two accounts were one.

66.04  HISTORY DEFINED

Having a “history of being past due” or “negative credit history”  is hereby defined as follows:

1.     Having been past due on more than one (1) occurrence during the proceeding six-(6) month period.

2.     Having any service disconnected as a result of non-payment during the proceeding six-(6) month period.

3.     Being past due on the date service is terminated.  (This includes those customers who request service be terminated on one location and connected at a new location as a result of moving the said new location.)

66.05  REFUNDING OF DEPOSITS AND THE PAYMENT OF INETREST

1.     Cash deposits will be applied to the customer’s Final Bill after which the balance, if any will be refunded.  Any balance due after application of the deposit shall be due and payable on or before the date specified on the Final Bill.

2.     If a customer requesting the utility terminated and does not leave a forwarding address.  The deposit will be applied to the Final Bill after which the balance if any will not be refunded until a forwarding address has been determined.

3.     A refund check will not be mailed to the address where the service has been terminated.  The customer is required to give a valid address for all refund checks to be mailed.

4.     Interest will not be paid on any part of the deposit. 

Ord. #10-2000; passed 8-28-00