Sewer Use Ordinance

The following abbreviations, when used in this ordinance, shall have the designated meanings:

• BOD5: Biochemical Oxygen Demand - Day
• CFR: Code of Federal Regulations
• COD: Chemical Oxygen Demand
• EPA: U. S. Environmental Protection Agency, Washington D.C.
• EPA: Reg V U.S. Environmental Protection Agency, Chicago, Illinois
• FOG: Fats, Oil and Grease
• GDP: gallons per day
• IAC: Indiana Administrative Code
• IC: Indiana Code
• I/I: Inflow and Infiltration (clear water flow)
• IDEM: Indiana Department of Environmental Management
• IWP: Industrial Wastewater Discharge Permit
• MGD: Millions Gallons Per Day
• mg/l: milligrams per litre
• NPDES: National Pollutant Discharge Elimination System
• O & G: Oil and Grease
• POTW: Publicly Owned Treatment Works
• RCRA: Resource Conservation and Recovery Act
• SIC: Standard Industrial Classification
• SNC: Significant Noncompliance
• SIU: Significant Industrial User
• TSS: Total Suspended Solids
• U.S.C: United States Code
• WDP: Wastewater Discharge Permit

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

• ACT or the ACT – The Federal Water Pollution Control Act, also known as Clean Water Act, as amended 33 U.S. C.1251 ET. seq
• APPLICABLE PRETREATMENT STANDARD – Any pretreatment limit or prohibitive standard (federal, sate and/or local) contained in the city’s ordinances and considered to be the most restrictive with which nonresidential users will required to comply.
• B.O.D.(denoting BIOCHEMICAL OXYGEN DEMAND) – The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. expressed in milligrams per liter.
• BUILDING DRAIN – That part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
• BUILDING SEWER – A sewer conveying wastewater form the premises of a user to the POTW.
• CITY BUILDING INSPECTOR – The person so authorized by the city to inspect and approve the installation of septic tanks or other private wastewater disposal facilities, or his authorized deputy, agent or representative.
• COLOR – The optical density at the visual wavelength of a maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.
• COMBINED SEWER - A sewer that carries both sanitary and storm water flow by design.
• COOLING WATER – The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
• DISCHARGER – Any person allowing wastewater to be discharged to the public sewer system.
• EFFLUENT – A waste material, such as liquid industrial refuse, or wastewater being discharged into a receiving stream.
• EXTENSION – An added section of sanitary sewer expanding the service area of an existing public sewer. A building sewer is not considered to be an extension.
• GARBAGE – Solid wastes from the domestic and commercial preparation, cooking dispensing of food, and from the handling, storage, and sale of produce.
• GROUND (SHREDDED) GARBAGE – Garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewage system, with no particle being greater than on-half (1/2”) in dimension.
• HOLDING TANK WASTE – Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
• INDUSTRIAL WASTES – The liquid wastes from industrial manufacturing processes, trade, or business, as distinct form sanitary wastewater.
• INFLUENT – The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle, or outlet.
• INSPECTOR – The person or persons duly authorized by the city, through its Utility Service Board, to assure compliance with all City ordinances pertaining to the POTW.
• INTERFERENCE – A discharge that, alone or in conjunction with a discharge or discharges from other sources, does any on of the following: (a) inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes, or its selected sludge use or disposal methods, or (b) causes a violation of any requirement POTW’s NPDES permit, including an increase in the magnitude or duration of a violation, or (c) prevents the use of the POTW’s NPDES sewage sludge or its approved sludge disposal methods.
• NATIONAL CATEGORICAL PRETREATMENT STANDARD – Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Federal Water Pollution Control Act as amended by the Clean Water Act, which applies to a specific category of industrial users.
• NPDES or NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM – National Pollution Discharge Elimination System, the program administered by the USEPA, and the IDEM.
• NATURAL OUTLET – Any outlet into a watercourse, pond, lake or other body of surface or groundwater or into any open or tile ditch or sewer which does not carry wastewater through the municipal wastewater treatment plant.
• NON-CATEGORICAL. – Not subject to a National Categorical Pretreatment Standard.
• OPERATIONAL PROBLEM – an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the applicable standard due to factors beyond the reasonable control of the discharger.
• OWNER – The record owner of the property according to the assessment or transfer records in the office of the Auditor of Miami County, Indiana, whose address shall be deemed to be the mailing address of the property unless the owner has notified the business office of Peru Utilities at 335 East Canal Street, Indiana 46970, by certified mail with return receipt of a different address than that of the property.
• PASS THROUGH – A discharge that exits the POTW into the waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirements of the City’s NPDES (IN 0032328) or the NPDES for the Grissom Aeroplex POTW (IN 0024902), including an increase in the magnitude or duration of a violation.
• PERSON – Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate governmental entity; or their legal representatives, agents or assigns. This definition includes all Federal, State and local governmental entities.
• PH – A measure of the acidity or alkalinity of a solution, express in standard units.
• POLLUTANT – Means, but is not limited to, dredged spoil, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, solid wastes, toxic wastes, hazardous substances, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended: 42 USC 2011, et. seq.), heat, wrecked or discarded equipment, rock sand, cellar dirt and other industrial, municipal and agricultural waste discharge into water.
• POLLUTION – The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
• PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGE – Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 50.15 of this ordinance.
• POTW or PUBLICLY OWNED TREATMENT WORKS – A “treatment works” as defined in Section 212 (2) of the Act (33 U.S.C. 1292) which is owned by the City. This definition includes a treatment works as defined by Section 212 (2) of the Clean Water Act owned by the state or a municipality (as defined by Section 502 (4) of the Clean Water Act), except that it does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or compatible industrial wastes. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality; as defined by Section 502 (4) of the Clean Water Act, that has jurisdiction over the indirect discharges to and the discharges from such a treatment work.
• PUBLIC SEWER – A sewer in which all owners of abutting properties have equal rights, which is controlled by public authority and which carries wastewater to the POTW.
• SANITARY BUILDING DRAIN – That part of the lowest horizontal piping of the sanitary drainage system inside the walls of any building or structure which received water-carried wastes or the discharge from soil or waste stacks and branches and conveys the same to a point three feet outside the building or structure walls where it connects with its respective building sewer.
• SANITARY SEWER – A sewer that conveys liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions; and to which storm, surface and ground waters are not intentionally allowed to enter.
• SANITARY SEWAGE – All waste streams discharged to the POTW excluding inflow, infiltration and industrial discharges.
• SEWER – A pipe or conduit for carrying wastewater.
• SEWER PROPERTY DAMAGE – Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of the natural resources which can reasonably be expected to occur in the absence of bypass.
• SHALL – is mandatory; MAY is permissive.
• SLUG LOAD OR SLUG – Any discharge at a flow rate or concentration, which could cause a violation of the POTW NPDES Permit or result in physical damage to the POTW.
• STORM DRAIN or STORM SEWER – A sewer that carries storm and surface waters and drainage, but excludes other liquid and water-carried wastes.
• STORM WATER – Any flow occurring during or following any form of natural precipitation and resulting there from.
• SUPERINTENDENT – The person authorized by the Utility Service Board to act in behalf of the department and the city or his authorized deputy, agent or representative.
• SUSPENDED SOLIDS – Solids that either float on the surface of, or are in suspension in water, sewage which are removable by laboratory filtering.
• UTILITY – Term used to describe the City of Peru Municipal Utilities and includes any property owned and/or controlled by said entity.
• WASTEWATER – A combination of the water carried from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and storm waters as may be present.
• WASTEWATER TREATMENT PLANT or TREATMENT PLANT – That portion of the POTW, which is designed to provide treatment of municipal sewage and industrial waste.
• WATERCOURSE – A channel in which a flow of water occurs, either continuously or intermittently.

1. It shall be unlawful for any person to place or deposit, or permit to be placed or deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the City, any sewage or other polluted waters.
2. It shall be unlawful to discharge to any natural outlet or watercourse within the city, or in any area under the jurisdiction of the City, any sewage or other polluted waters.
3. It shall be unlawful to construct or maintain any facility intended or used for the disposal of wastewater except as provided in 50.04 and 50.05.

1. The owner of all dwellings, building, or properties used for human occupancy, employment, recreation, or other purposes and abutting any street, alley, or right-of-way in which there is now located or may in the future be located at POTW, is required at his expense to install suitable sanitary facilities and to connect the facilities directly with the public sewer in accordance with the provisions of this ordinance, within 90 days after date of official notice to do so, provided that the public sewer is within three hundred feet (300’) of the property line. The notice shall be by certified mail to the property owner at the address of the property.
2. Should a property owner install a sewer system connecting his property to the public combined or sanitary sewer, such system extension shall be at the owner’s expense. All connections to the system shall be made in accordance with specifications prescribed by the Wastewater Department.
3. All new building sewers which, by their location, are closer to a combined public sewer than to a public sewer will be connected to the combined public sewer subject to the following rules:
   a. Separate and distinct connections for inflow/clear water and sanitary wastewater discharges must be provided to facilitate disconnection of the inflow/clear water connection form the sanitary sewer if and when a separate storm sewer subsequently becomes available.
   b. New construction tributary to the existing combines sewer shall be designed in a manner to minimize or delay inflow contribution to the existing combined sewer.
   c. The property owner shall receive approval of the Superintendent prior to construction and connection to the system. The Superintendent shall inspect the construction and the testing process. The property owner must received approval from the Superintendent prior to connection to the sanitary sewer.

1. Where a public sanitary or combined sewer is not available under the provisions of 50.03, the owner of all houses, buildings, or properties used for human occupancy, employment, business, recreation, or other purposes, situated within the city, is required at his expense to install suitable toilet facilities and sanitary building drains therein, and to connect the facilities directly with a private sewage disposal system complying with the provisions of this chapter.
2. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the City Building Inspector. The application for the permit shall be made on a form furnished by the City, with which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the City Building Inspector. A permit and inspection fee shall be paid to the City Clerk-Treasurer at the time the application is filed.
3. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the City. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the City Building Inspector when the work is ready for final inspection, and before any underground portions are covered.
4. The type, capacities, locations and layout of a private wastewater disposal system shall comply with all applicable Federal and State rules, regulations, and recommendations. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
5. At such time as a public sewer becomes available to a property served by a private wastewater disposal system as provided herein, a direct connection shall be made to the public sewer within 90 days as prescribed in 50.06, any septic tanks, cesspools, and private wastewater disposal facilities shall be abandoned, cleaned of sludge, and filled with clean bank-run gravel, dirt or other suitable material at the expense of the owner.
6. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times. The owner shall reimburse the city for any costs or expenses incurred in the enforcement of this provision.

1. No unauthorized person shall uncover, make any connections with or opening, tap into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit form the Superintendent.
2. The owner of a lot, parcel of real estate, or building shall make application on a special form furnished by the City Building Inspector to construct a building sewer from the building to the main sewer. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City Building Inspector. A permit and inspection fee shall be paid to the City Clerk-Treasurer’s Office. These permits expire within 90 days of the date of their issuance. The City Building Inspector may issue a second 90 day permit without additional charge if application is made prior to the expiration of the first permit and the application adequately explains why the construction of the building sewer was not made within the first 90-day period.
3. The owner of a lot, parcel of real estate, or building shall make application on a form supplied by the Superintendent to connect the building sewer to the public main sewer and to discharge sewage into the public sewer system. The permit application shall be supplemented by all plans, specifications, or other information from time to time required by the Utility Service Board. A sewer connection permit and availability fee shall be paid to the Wastewater Department of Peru Utilities at the time the application is filed. Upon inspection and approval of the connection of building sewer to the public main sewer the owner shall become a customer of the POTW and shall be subject to all appropriate rates and charges.
4. All permits issued under this section shall be posted in a prominent place at the building or construction site.

All costs and expenses incidental to the installation and connection of the building sewer shall be paid by the owner. The owner or the person installing the building sewer for the owner shall indemnify the City for any loss or damage that may be directly or indirectly occasioned by the installation.

A separate and independent building sewer shall be provided for every building except where one building is located at the rear of another and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway and the owner(s) obtain approval for extension and connection and the sewer serving the front building is determined by the Superintendent to be adequate to handle both facilities.

Old building sewers may be used in connection with new buildings only when they are found on examination and tested by the Superintendent to meet all requirements of this chapter.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing codes or other applicable rules, regulations and construction standards of the City of Peru and the State of Indiana.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. When the building drain is too low to permit gravity flow to the public sewer, sanitary wastewater carried by the building drain shall be lifted by any means approved by the Superintendent and discharged to the building sewer.

No person shall make connection of roof down spouts, exterior foundation drains, areaway drains, or other sources of surface runoff, groundwater or uncontaminated cooling water to a building sewer or building drain. Persons who connect such facilities to the sewer system shall be responsible for properly disconnecting same upon notification of the Superintendent. Persons in violation of this chapter shall be subject to penalties as defined herein. Storm water and all other unpolluted drainage shall be discharged to sewers specifically designated as storm sewers, or to a natural outlet approved by the Superintendent.

1. The applicant for the building sewer permit shall notify the City Building Inspector when the building sewer is ready for inspection. The connection shall be made under the supervision of the Inspector or his representative.
2. Building sewer permit applicants shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. All connections to the public sewer shall be made under the supervision of the Superintendent. Notice shall be given at least 48 hours in advance to allow the Superintendent to schedule a time for inspection and connection.

1. The connection of the building sewer to the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. The connection of the building sewer to the wastewater system shall only be permitted by a licensed plumber.
2. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative. Notice shall be given at least forty-eight (48) hours in advance to allow the Superintendent to schedule a time for the inspection. It shall be a violation of this chapter for any connection to be covered prior to final inspection and approval by the Superintendent. If re-excavation is required to permit inspection, the property owner shall be responsible and shall reimburse the Utility Department for all expenses incurred.
3. The owner shall be responsible for obtaining and complying with street cut permits from the appropriate agencies as well as any other permits, authorizations and/or utility service locations required to facilitate a building sewer connection.
4. All excavations for building sewer installations shall be adequately guarded by the owner with barricades and lights so as to protect the public from hazard. Streets, alleys, sidewalks, parkways, and other public property disturbed in the course of work shall be restored to a safe condition in a manner satisfactory to the Superintendent.
5. The owner shall agree to indemnify and hold harmless the city from any loss, damage, claims or actions that may directly or indirectly be occasioned by installation of the building sewer.

1. No person shall 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 waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singularly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animal, create a public nuisance, or create any hazard in the receiving waters of the POTW.
   c. Any waters or wastes having properties capable of damaging or causing hazards to structures, equipment and personnel of the Wastewater Department.
   d. Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the POTW.
2. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, wastewater treatment process, or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In making his decision as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and pertinent factors.
3. No person shall discharge or cause to be discharged water or wastes containing substances which are not amendable to treatment or reduction by the wastewater treatment processes employed, or are amendable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters.
4. All system users are subject to provisions as presented in Peru Utilities Industrial Pretreatment Sewer Use Ordinance No. 25-2000, which is herby incorporated by reference.
5. If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the prohibited substances or characteristics which, in the judgment of the Superintendent, may have a deleterious effect on the POTW, or receiving waters, or which otherwise create a hazard life or constitute a public nuisance, the Superintendent may:
   a. Reject the wastes;
   b. Require pretreatment to an acceptable condition for discharge to the public sewers
   c. Require control over the quantities and rates of discharge or
   d. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges, under the provisions of 50.20.
6. If the Superintendent permits the pretreatment or equalization of waste flow, the design and installation of the plants and equipment shall be subject to the requirements of all applicable codes, ordinances, and laws of the United States, State of Indiana and the City of Peru.
7. Unless approved by the Superintendent, no person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, non-contract cooling water, swimming pool water, or other unpolluted water to any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm water sewers or combined sewers or to a natural outlet approved by the Superintendent. Industrial non-contact cooling water may be discharged to a storm sewer, combined sewer or natural outlet only upon approval of the Superintendent. All discharges, shall meet all applicable Federal, State, and local regulations.

Grease, soap, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, soap or other harmful ingredients. These interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. Costs incurred by the Department to correct problems in the system caused by the improper handling of such liquid wastes shall be paid by the owner to that Department.

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

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.

No unauthorized person shall maliciously break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment, which is a part of the municipal wastewater system. Penalty, see 50.25.

The Superintendent, and other duly authorized employees of the city shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter.

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.

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.

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.

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.

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.

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.

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.