Peru Wastewater

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Industrial Wastes

The liquid waste or liquid-borne waste resulting from any commercial manufacturing or industrial operation or process.

Owner

The record owner of the property according to the assessment or transfer records in the office of the County Auditor, whose address shall be deemed to be the mailing address of the property unless the owner has notified the general office of the Sewage Works by certified mail with return receipt of a different address than that of the property.

Sanitary Sewage

The waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, basement drains, garage floor drains, bars, soda fountains, stable floor drains, and all other water-carried wastes, except industrial wastes.

(Ordinance 17-1976, passed 7-6-76; Am. Ordinance 3-1979, passed 2-19-79)

For the use of and the service rendered by the wastewater works rates and charges shall be collected from the owners of each and every lot, parcel or real estate, or building that is connected with the city’s sanitary sewerage system or otherwise discharges sanitary sewage, either directly or indirectly, into the Sanitary Sewage System of the city, which rates and charges shall be payable as hereinafter provided, and shall be in an amount determinable as follows:

(A) Except as herein otherwise provided, wastewater rates and charges shall be based on the quantity of water used on or in the property or premises subject to those rates and charges, as the same is measured by the water meter there in use.

1. (B) The water usage schedule on which the amount of the wastewater rates and charges shall be determined shall be as follows:
   

   Quantity of Water Used Per Month	Used Per Month Charge per 1,000 Gallons
   First 5,000 gallons	$12.87
   Next 10,000 gallons	$11.80
   Next 60,000 gallons	$9.83
   Over 75,000 gallons	$8.31

2. The minimum charge for any user, where the user is a metered water consumer, shall be based upon the meter size as stated below, except, in the case of residential customers using 3,000 gallons or less, the minimum charge is priced for 2,000 gallons, reflecting a 1,000-gallon discount, at $25.74.
   

   Meter Size	Gallons Allowed	Current Rate Per Month
   5/8 - 3/4 inch meter	3,000	$38.61
   1 inch meter	5,000	$64.35
   1 - 1/4 inch meter	10,000	$123.35
   1 - 1/2 inch meter	15,000	$182.35
   2 inch meter	25,000	$280.65
   3 inch meter	35,000	$378.95
   4 inch meter	50,000	$526.40
   6 inch meter	75,000	$772.15

3. The minimum charge for wastewater services where the user is not a metered water customer shall not be less than the minimum charge provided based on the size of the sewer service connections, but in no event shall such charge be less than the corresponding minimum monthly water meter charge hereinbefore set forth, or a calculated metered rate for 5,000 gallons.

(C) The flat rate for discharging septic tank materials and other sewage transported by vehicle into the sanitary system of the city utilities sewage plant shall be as follows:

(D) Those customers over 65 years of age and considered low income by utilities officials, may be exempt for up to 30 days from penalties for late payment charges for city utilities services.

Present rates and charges were approved pursuant to Ordinance No. 23, 2013 passed October 7, 2013

(A) Users of municipal wastewater services who obtain water from sources other that the Municipal Water Supply and discharge such water into the public sanitary system shall be billed based on the following schedule of flat rate charges:

Provided, however, at the option of the City, the owner or other user, at his expense, may install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the city for the determination of wastewater discharge, and billings to such user based on such measured discharge as provided in §51.02 (B).

(B) In the event a lot, parcel of real estate, or building discharging sanitary sewage, industrial waste, or other liquids into the city’s Sanitary Sewage System, either directly or indirectly, is not a user or the water supplied by the city’s Water works, and the water used thereon is not measured by a meter and such user is not defined and listed in (A) above, then the amount of water used shall be otherwise measured or determined by the city in order to ascertain the rates of charge, or the owner or other interested party, at his expense, shall, if requested by the city, install and maintain meters, weirs, volumetric measuring devices, or any adequate approved method acceptable to the city for the determination of the sewage discharge.

(C) In the event a lot, parcel of real estate, or building discharging sanitary sewage, industrial waste, water, or other liquids into the city’s Sanitary Sewage System, either directly or indirectly, is a user of water supplied by the city’s Water Works, and, in addition, uses water from another source which is not measured by a water meter, or is measured by a water meter not acceptable to the city, then the amount of water used shall be otherwise measured or determined by the city in order to ascertain the rates of charge, or the owner or otherwise interested party, at his expense, may install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the city for the determination of sewage discharge.

(D) In the event a lot, parcel of real estate, or building discharges sanitary sewage, industrial waste, water, or other liquids and uses water in excess of 30,000 gallons per month, and if it can be shown to the satisfaction of the city that a portion of water as measured by the water meter or meters does not and cannot enter the Sanitary Sewage System, then the owner or other interested party shall install and maintain meters, weirs, volumetric measuring devices, or any adequate and approved method of measurement acceptable to the city for the determination of sewage discharge.

(E) In the event two or more residential lots, parcels of real estate, or buildings discharging sanitary sewage, water, or other liquids into the city’s Sanitary Sewage System, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the quantity of water used shall be averaged for each user, and the minimum charge and the sewage rates and charges shall apply to each of the number of residential lots, parcels of real estate, or buildings served through the single water meter.

(F) In the event two or more dwelling units such as mobile homes, apartments, or housekeeping rooms discharging sanitary sewage, water, or other liquids into the city's Sanitary Sewage System, either directly or indirectly, are users of water, and the quantity of water is measured by a single water meter, then in such case the charge and billing shall be for a single service in the manner set out elsewhere herein, except that such charge and billing shall be for a single service in the manner set out elsewhere herein, except that such charge and billing shall not be less than a minimum charge computed at $25.74 per month for each dwelling unit over one served through a single meter 80% of the time as an average occupancy factor. A dwelling unit shall be interpreted as a room or rooms or other living space or spaces in which cooking facilities are provided. However, in the case of mobile home parks, dwelling units shall be interpreted and the number of dwelling units shall be computed as the total number of lots available for the location and installation of mobile homes in said park, plus any other dwelling units served through the meter.

(G) In order that domestic and residential users of sewage service shall not be penalized for sprinkling lawns during the months of June, July, August, and September, the billing for sewage service for residences or domestic users for said months of June, July, August, and September shall be based on the water usage for the previous months of, respectively, December, January, February, and March. In the event the water usage for said previous months of, respectively, December, January, February, and March is greater than the water usage for said months of June, July, August, and September, then the billing for sewage service shall be computed on the actual water used in the month for which the sewage service bill is rendered. Domestic or residential sewage service, as applicable to the sprinkling rate, shall apply to each lot, parcel of real estate, or building which is occupied and used as a residence. Said sprinkling rate shall not apply to any premises which are partially or wholly used for industrial or commercial purposes. In the event a portion of such premises shall be used for commercial or industrial purposes, the owner shall have the privilege of separating the water service so that the residential portion of the premises is served through a separate meter, and in such case, the water usage as registered by the water meter serving such portion of the premises used for residential purpose would qualify under the sprinkling rate.

(H) For the service rendered to the city, the city shall be subject to the same rates and charges herein-above provided or to rates and charges established in harmony therewith.

(Ord. 17-1976, passed 7-6-76; Am. Ord. 3-1979, passed 2-19-79; Am. Ord. 24-1980, passed 4-7-80; Am. Ord. 1989, passed 5-1-89; Am. Ord. 23-2013, passed 10-7-13).

(A) Each user who discharges industrial wastes into the Sewer System shall be subject to surcharge, in addition to the regular sewerage service charge, based on both the biochemical oxygen demand (or chemical oxygen demand where B.O.D. cannot be determined) and the suspended solids content of the wastes, if these wastes have a concentration greater than the following:

1. A biochemical oxygen demand of 200 milligrams per liter; or where B.O.D. cannot be determined, then in lieu of B.O.D., a chemical oxygen demand of 400 milligrams per liter.
2. A suspended solid content of 250 milligrams per liter.

(B) The rate of surcharge shall be based on the following:

1. For biochemical oxygen demand, B.O.D. - $0.25/lb.
2. For chemical oxygen demand, C.O.D. - $0.25/lb.
3. For suspended solids, (SS) - $0.24/lb.

(C) The surcharge for excessive strength shall be determined by multiplying the difference between the average concentration computed in milligrams per liter of the B.O.D. (or C.O.D.) or of the suspended solids in the users' sewage and the allowed concentration defined in (A) above times 0.00834 times the appropriate surcharge rate specified in (B) above times the volume of water used in thousands of gallons. Sample calculation: Computed average strength of sewage = 300 mg/l B.O.D., 250 mg/l SS, volume of water used per month = 650,000 gallons. Surcharge = (300 - 200) X (.00834) (.06) X 650 = $32.50.

(D) (1) Any industrial wastes discharged into the public sewers shall be subject to periodic inspection and determination of character and concentration. The examination shall be made as often as the Superintendent deems it necessary (but at least once a year), and may include the use of suitable continuously monitoring instruments in appropriate cases. Samples shall be collected either manually or by approved mechanical devices and in such a manner as to be representative of the overall composition of the wastes. Sampling period shall be for a period of seven consecutive days, but may be of longer duration at the discretion of the city. In periods when the sampling program extends for a greater number of consecutive days than seven, the city shall have the prerogative of selecting the seven consecutive days of its choice. Every care shall be exercised in collecting the samples to insure their preservation, until analyzed, in a state comparable to that at the time the samples were collected.

(2) The installation, operation, and maintenance of the sampling facilities shall be the responsibility of the person discharging the wastes, and shall be subject to the approval of the Utility Board. Access to sampling facilities shall be granted at all times to the Superintendent or his duly authorized representative.

(E) Laboratory procedures used in the examination of industrial wastes shall be those set for in "Standard Methods". However, alternative methods for certain analyses of industrial wastes may be used subject to mutual agreement between the Superintendent and the customer. The city shall make, without charge to the customer, the initial analysis and regular periodic check analyses of the customer's wastes as well as other tests the Superintendent may deem advisable. Analyses made by the city at the request of the customer shall be charged to the customer according to the Board's standard work order billing practices. All such analyses shall be binding in determining strength-of-wastes surcharges and other matters dependent on the character and concentration of wastes.

(F) Until an adequate analysis of a representative sample of customer's wastes has been obtained, the city shall, for the purpose of this chapter, make a determination of the character and concentration of the customer's wastes by using date based on analyses of similar processes or data for his type of business that are available for the U. S. Environmental Protection Agency, or from industry-recognized authoritative sources. This method, if selected by the city, shall continue until an adequate analysis has been made.

(G) Review and acceptance by the Superintendent shall be obtained prior to the discharge into the sewer system by any user whose wastewater has a B.O.D. greater than 200 milligrams per liter, a suspended solids content greater than 250 milligrams per liter, or has contaminants or characteristics which from the nature or quantity might be harmful to the structures, processes, or operations of the sewage works, or to health, whether by themselves or through interacting with other wastes in public sewers. The city is authorized to require methods of pretreatment of said wastes as may be determined to be necessary to render the wastes acceptable to the sewer system.

(H) (1) Plans, specifications, and other pertinent information relating to proposed preliminary treatment or processing facilities shall be submitted to the city for examination and approval, and no construction of such facilities shall begin until the city, through its Utility Board, has given its written approval. Such approval shall not exempt the person from the obligation to make further reasonable adoptions of such facilities when such adaptations prove necessary to secure the results desired.

(2) Where such preliminary treatment facilities are provided, they shall be maintained continuously in satisfactory and effective operating condition by the person at his own expense, and shall be subject to periodic inspection by the city. The person shall maintain suitable operating records and shall submit to the superintendent such monthly summary reports of the character of the influent and effluent as the latter may prescribe.

(Ord. 17-1976, passed 7-6-76; Am. Ord. 3-1979, passed 2-19-79; Am. Ord. 14-1989, passed 5-1-89)

The rates and charges shall be prepared and billed by the city as determined by the bylaws and regulations of the city as hereinafter provided for, and shall be collected in the manner provided by law and ordinance. These rates and charges will be billed to the tenant, occupant, or owner of the property served in the same name as city water works utility meter billings are made for such property, if any, unless otherwise requested in writing by the owner; provided such billing shall in no way relieve the owner for liability in the event payment is not made as herein required. The owners of the property served, which is occupied by tenants or interested parties, shall have the right to examine the collection records of the city for the purpose of determining whether such rates and charges have been paid by the tenants or interested parties, provided such examination shall be made in the office in which these records are kept and during the hours that such office is open for business.

(A) Bills unpaid 15 days following due date shall have added thereto a penalty of 10% of the amount of the bill to be collected therewith.

(B) The city shall possess all right and remedies for the collection and enforcement of these sewage charges and rates as provided from time to time by Indiana Statutes.

(C) The rates and charges described herein shall be subject to annual review by the city, which shall adjust the rates on the basis of the cost/revenue status and trends for the Sewage Works Department.

(Ord. 17-1976, passed 7-6-76; Am. Ord. 3-1979, passed 2-19-79)

Statutory reference:

Charges constitute a lien, see IC 36-9-23-32

The city shall make and enforce such bylaws and regulations as management of the city's Sewage Works, including the Sewer System and the Treatment Plant, for the construction and use of house sewers and connections to the Sewer System, and for regulating, collecting, rebating, and refunding rates and charges.

(Ord. 17-1976, passed 7-6-76; Am. Ord. 3-1979, passed 2-19-79)

The city is authorized to prohibit dumping wastes into the city's Sewerage System which, in its discretion, are deemed harmful to the operation of the sewage works of the city or to require methods effecting pretreatment of these wastes to reduce the characteristics of the waste satisfactory to the city.

(Ord. 17-1976, passed 7-6-76; Am. Ord. 3-1979, passed 2-19-79)

Ordinance Number 29, 2009

An Ordinance Amending The Sewer Availability Fee For Peru Utility Customers

Whereas, the Common Council of the City of Peru and the Peru Utility Service Board have reviewed the availability fees charged in the Grissom Aeroplex Service Area and in the City of Peru; and

Whereas, there is agreement between the two bodies that a downward adjustment in availability fees could have a positive impact on economic development; and

Whereas, both bodies believe the adjustments can be made without having a negative impact on the funding of future Peru Utility projects.

Therefore be it ordained by the Common Council of the City of Peru, Indiana, that Section 51.08 of the Peru Code of Ordinances, relating to availability fees, shall be amended as follows:

(A) No connection to the sewer collection system of the city shall be allowed until a sewer tap permit is obtained and the appropriate availability fee has been paid. Such fee shall be paid in full at the time application is made for a sewer tap permit.

(B) There is hereby established as of the effective date of this section an availability and connection fee for each new connection to the Peru Utilities sewer collection system. The wastewater availability fee shall be based upon the size of the water line tap connected to the water distribution system, as detailed below:

Availability fees are based on a ratio of a 3/4” tap, the normal size for residential installations, and the size tap used in any particular connection. For connection sizes not shown above, the cost shall be calculated using that ratio of the diameter of a ¾ ” tap to the diameter of the tap in any particular installation.

(C) Any new connection to the wastewater system must also install a meter to measure water entering the facility, even in instances in which the facility is not connected to the Peru Utilities water distribution system, and the Availability Fee assessed under this Chapter shall be determined by the size of the tap to which the meter is connected. Such meters must meet the specifications of Peru Utilities, and shall be installed at the expense of the owner or developer.

(D) The following funds and the uses of same are hereby established:

(1) Sewer Collection System Improvement Fund - This fund shall be used by the Peru Utilities Service Board to pay the costs of improvement, replacements, extensions of the sewer collection system and the separation of storm and sanitary sewers of the city. Such costs shall include engineering fees, professional fees, construction costs, costs of maintenance of records and documents and such other costs as are ordinary and necessary in the repair, replacement or extension of the sewer collection system.

(2) Treatment Plant Expansion Fund - This fund shall be used by the Peru Utilities Service Board to pay the costs of wastewater treatment plant capital improvements related to increasing plant capacity. Such costs shall include engineering fees, professional fees, construction expenses and debt service.

(E) All sewer availability fees collected shall be placed in the Sewer Collection System Improvement Fund.

(F) All interest earned on monies held in the Sewer Collection System Improvement Fund and the Treatment Plant Expansion Fund shall increase and remain in each fund. If payment is not made, the fee constitutes a lien on the property for which the connection is made. The lien may be enforced as prescribed by I.C. 36-9-23-34.

(G) The availability and connection costs shall be due and payable to the Peru utilities upon issuance of sewer tap permit for any new user and shall be non-refundable.

(H) Easements required by the Peru utilities, for the extension of sewers and for services across the lands of the user or developer shall be surveyed and dedicated without cost to the utilities by the owner(s) of the real estate. All extensions to the Peru Wastewater Utilities System shall be dedicated to the Utility Service Board and accepted by them prior to connection.

An Ordinance to amend the Peru Code of Ordinances to change the sewer availability fees of Peru Utilities, is hereby passed and enacted this 7th day of December, 2009, by a vote of 7 Ayes and 0 Nays.