Sewer Use Ordinance

50.27 Jurisdiction

This ordinance shall apply to all wastewater facilities owned or controlled by the City of Peru Utilities Service Board now and in the future, including but not limited to the City of Peru Utilities, Grissom Aeroplex facilities, Pipe Creek Extension, North Miami Extension, Marburger Extension, Northwest Corridor Extension and other extension which are from time to time added to the respective treatment facilities (POTW).

Section 2

Severability & Construction

Any paragraph, sentence, phrases or other provision of this Ordinance that is in conflict with any applicable statute, rule, regulation, ordinance or other law shall be deemed to be modified or altered to conform to the applicable statute, rule, regulation, ordinance or other law, if possible. This ordinance shall govern and the conflicting items in City ordinances and agreements shall be superseded by this ordinance. The invalidity of any portion shall not affect the force and effect of its remaining portions. This ordinance shall be construed and enforced with the laws of the State of Indiana.

Section 3

Reference to Industrial Pretreatment Ordinance

The provisions of Ordinance 25-2000 known as “Peru Utilities Industrial pretreatment Sewer Use Ordinance” is hereby incorporated by reference and shall be designated as Sections 50.51 through 50.66 inclusive.

Section 4

Effective Date

  1. This Ordinance shall become immediately effective upon its adoption by the Common Council, signature by the Mayor, enrollment in the book of Ordinances, and publication of notice as required by law.
  2. Any Ordinance in contradiction to this Ordinance is hereby repealed. All provisions of Title V, Chapter 50 of the City of Peru, Indiana Code of Ordinances in conflict with Section 1 hereof are hereby repealed effective on the effective date of this ordinance.

Passed and enacted by the Common Council of the City of Peru, Indiana at its’ meeting held on the 7th day of May 2001.

50.26 Due Process

A user shall appeal the decision of the Superintendent to the Board within fifteen (15) days of the Superintendents action:

  1. Deny a permit;
  2. Terminate or discontinue wastewater services;
  3. Access fines;
  4. Issue Cease and Desist Orders; or
  5. Severance Water Supply

The effectiveness of the Superintendent’s action shall not be stayed pending the appeal. The user shall indicate the reasons for his appeal in writing. The Board shall schedule a hearing within fifteen (15) days of the receipt of the written request for appeal and render it’s decision upon the appeal within (30) days of the conclusion of the hearing. Failure to do so shall be deemed a denial of the request for reconsideration or appeal. The aggrieved part may then seek judicial review of the Board’s action or inaction by filing a complaint with the Miami Circuit or Superior Court within thirty (30) days thereafter.

50.25 Penalty

Whoever violates any provision of 50.19 shall be fined not more than $50 for each violation. Each day’s violation shall constitute a separate offense.

50.24 – Wastewater Extensions Outside Corporate Limits
  1. The form of the waiver and consent to annexation and delegation of authority to the Mayor which is attached to Ordinance 6-1998 and incorporated by reference is herby approved and shall be made a prerequisite for execution by the owner/developer of any property to be serviced by water and wastewater facilities outside the corporate limits of the city. This form may be modified from time to time in conformity with existing law by the law department of the city, and authorization is hereby granted for such modifications.
  2. The proposed extension of wastewater facilities to area outside the city shall be conditional upon the following:
    a. The owner/developer shall execute the proper consent forms for annexation.
    b. The extension of wastewater services shall be terminated in the event the owner/developer and or successors interest to any portion of the subject real estate withdraw their consent or in any way contest annexation, at any time, by the City.
    c. (The Common Council’s consent for extension of services is conditional and in consideration for the future tax revenues to be generated by real estates taxes imposed on the area to be benefited. If annexation is contested, the developer/owner shall be required to repay the Utility Service Board for the cost of providing the wastewater treatment service plus interest.
    d. The owner/developer shall comply with all the rules, regulations, policies, and procedures adopted by the city’s Utilities Service Board from time to time.
  3. This section is supplemental to the authority of the city’s Utility Service Board to provide the extension materials and labor necessary to effectuate the extension and hook up. Those decisions are herby reserved to the city’s Utilities Service Board.
50.23 – Wastewater System Extension Rules & Procedures
  1. Every person connecting an extension to the wastewater treatment system shall:
    a. File a petition with the Utility Service Board briefly describing the project, its terms, specifications, methods of financing, easements acquired or needed and having it approved.
    b. Provide permits and approvals from the Indiana Department of Environmental Management and all necessary governmental agency approvals as required by the Board.
  2. The Board has absolute discretion as to whether to allow an extension to be connected to the system.
  3. The Board may give preliminary approval for the extension to the wastewater system, which is not binding for final acceptance.
  4. After preliminary approval by the Board the person desiring to connect an extension shall:
    a. Permit inspection of the construction prior to closing all excavations;
    b. Perform testing of the extension for leak;
    c. Show proof of compliance with all applicable federal and state rules and regulations concerning wastewater system extension;
    d. Provide and easement for maintenance in the form acceptable to the City Law Department;
    e. Provide a deed of dedication of all facilities to be maintained by the Utilities in the form approved by the Law Department; and
    f. Assign all rights, title and interest in the extension, real estate adjoining and all warranties to the Board.
  5. The construction of new public or building combined sewers if prohibited.
50.22 – City’s Remedies For Violations
  1. Any person found to be in violation of the provisions of this chapter or who discharges or causes to be discharged any material causing damage to or obstruction of the City’s wastewater disposal system will be liable to the City for any expense, loss or damage caused by the violation or discharge. The City may recover all expense, loss, damage, or fines by any or all-equitable or legal remedies. This remedy shall be in addition to all others provided by law or this chapter.
  2. Any discharger who violates an order of the City or fails to comply with any ordinance provisions applicable federal/state/city regulations, rules or orders of any court of competent jurisdiction, may be subject to the imposition of a civil or criminal penalty in addition to any other remedy created by this chapter.
  3. Any person who knowingly makes any false statement, representation or certification in any application, report, or other document required by this chapter or other applicable regulation, or who tampers with or knowingly renders inaccurate any monitoring device, will, upon conviction, be guilty of a Class A infraction and may be fined by any sum not to exceed $10,000.
  4. Any person found to be violating sections of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit, not to exceed 30 days, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, cease and correct all violations and will be subject to other applicable remedies at law.
  5. Whoever violates any provision of this chapter and any person who continues such violation after being ordered to cease such violation or comply with the provisions of this chapter shall pay a fine not to exceed $2,500 for each such violation. Each day’s violation shall constitute a separate offense for which a separate fine shall be due and owing to the city.
  6. The City may bring a civil action to enforce the provisions of this chapter in accordance with IC 36-1-6-4.
50.21 – Exemptions

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore by the industrial concern.

50.18 – Tests, Measurements, Analysis

All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents on the sewage works and to determine the existence of hazards to life, limb and property.