Chapter 12.20 SEWERS AND SEWAGE DISPOSAL

“Biochemical oxygen demand” or “BOD” means the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 20 degrees centigrade.

The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.

“Board” means the board of sanitary commissioners of the sanitary district of Highland, Indiana, or any duly authorized officials acting in its behalf.

“Building (or house) drain” means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the buildings and conveys it to a point approximately four feet outside the foundation wall of the building.

“Building (or house) sewer” means the pipe which is connected to the building (or house) drain at a point approximately four feet outside the foundation wall of the building and which conveys the building’s discharge from that point to the public sewer or other place of disposal.

“Chemical oxygen demand (COD)” means a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods.

“Combined sewer” means a sewer intended to receive both wastewater and storm or surface water.

“Compatible pollutant” means biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree.

The term “substantial degree” is not subject to precise definition, but generally contemplates removals in the order of 80 percent or greater. Minor incidental removals in the order of 10 to 30 percent are not considered substantial. Examples of the additional pollutants which may be considered compatible include:

(A) Chemical oxygen demand;

(B) Total organic carbon;

(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).

“District” means the sanitary district of Highland, acting by and through the board of sanitary commissioners.

“Effluent” means the water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.

“Fecal coliform” means any of a number of organisms common to the intestinal tract of humans and animals, whose presence in sanitary sewage is an indicator of pollution.

“Floatable oil” means oil, fat, or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the district.

“Garbage” means any solid wastes from the preparation, cooking or dispensing of food and from the handling, storage or sale of produce.

“Incompatible pollutant” means any pollutant that is not defined as a compatible pollutant, including nonbiodegradable dissolved solids.

“Industrial sewage” means any solid, liquid or gaseous substance or form of energy discharged, permitted to flow or escaping from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resources carried on by any person, exclusive of sanitary sewage.

“Infiltration” means the water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. “Infiltration” does not include and is distinguished from inflow.

“Infiltration inflow” means the total quantity of water from both infiltration and inflow without distinguishing the source.

“Inflow” means the water discharge into a sewer system, including building drains and sewers, from such sources as, but not limited to: roof leaders, cellars, 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 runoff, street wash waters or drainage. “Inflow” does not include, and is distinguished from, infiltration.

“Inspector” means the person or persons duly authorized by the district, through the board, to inspect and approve the installation of building sewers and their connection to the public sewer system.

“Major contributing industry” means an industry that:

(A) Has a flow of 50,000 gallons or more per average work day;

(B) Has a flow greater than five percent of the flow carried by the municipal 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) Is found by the permit issuance authority, in connection with the issuance of an NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.

Normal Domestic Sewage. This term shall have the same meaning as defined in this chapter.

“NPDES permit” means a permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of PL 92-500.

“Outlet” means any outlet, natural or constructed, which is the point of final discharge of sewage or of treatment plant effluent into any watercourse, pond, ditch, lake or other body of surface or ground water.

“Person” means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institutions, enterprise, governmental agency or other entity.

“pH” means the logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram-atoms per liter of solution.

“Pretreatment” means the treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.

“Primary sewer main” means the public sewer main which is required to transport sewage from the property line of the nearest prospective customer to the proposed point of connection at the sewage works’ existing sewer main.

“Private sewer” means a sewer which is not owned by a public authority.

“Properly shredded garbage” means the wastes from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

“Public sewer” means a primary sewer or secondary sewer in which all owners of abutting property have equal rights and which is controlled by the sewage works.

“Receiving stream” means the watercourse, stream or body of water receiving the waters finally discharged from the sewage treatment plant.

“Sanitary sewage” means sewage discharged from the sanitary conveniences of dwellings (including apartment houses, hotels and motels), office buildings, factories or institutions and free from storm water, surface water and industrial wastes.

“Sanitary sewer” means a sewer which carries sewage and to which storm, surface and ground waters and unpolluted industrial waste waters are not intentionally admitted.

“Secondary sewer main” means the public sewer main which is required to provide services from a prospective customer to the primary sewer main.

“Service charge” means the basic charge levied on all users of the public sewerage system for wastes which do not exceed in strength the concentration values above which a surcharge will be made.

“Sewage” means the water-carried wastes from residences, business buildings, institutions and industrial establishments, singular or in any combination, together with such ground, surface and storm waters as may be present.

“Sewage treatment plant” means the arrangement of devices, structures and equipment used for treating and disposing of sewage and sludge.

“Sewage works” means the organization and all facilities for collecting, transporting and pumping of sewage, namely the sewerage system.

“Sewer” means a pipe or conduit for carrying sewage or other waste liquids.

“Sewerage system” or “sewage system” means the network of sewers and appurtenances used for collecting, transporting and pumping sewage to the sewage treatment plant.

“Slug” means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

“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, the American Water Works Association and the Water Pollution Control Federation, incorporated herein by reference and made a part of this code, with two copies on file in the office of the clerk-treasurer and available for public inspection, pursuant to IC 36-1-5-4, also as set forth in Guidelines Establishing Test Procedures for Analysis of Pollutants, Regulation 40 CFR 136, published in the Federal Register on October 16, 1973.

“Storm sewer” means a sewer which carries storm and surface water drainage but excludes sanitary and industrial sewage.

“Superintendent” means the superintendent of the district or his duly authorized representative.

“Surcharge” means the extra charges for sewerage service assessed customers whose sewage is of such a nature that it imposes upon the treating sewage works a burden greater than that covered by the basic service charge.

“Suspended solids” or “SS” means solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration.

Their concentration shall be expressed in milligrams per liter. Quantitative determinations shall be made in accordance with procedures set forth in Standard Methods.

“Total revenue” means that revenue obtained from bimonthly billing for the use of and service rendered by the sewage system and does not include front foot assessments, permit or inspection fees or other charges.

“Total solids” means the sum of suspended and dissolved solids.

“Town” means the town, acting by and through the Highland sanitary district board of sanitary commissioners.

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

“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.

“Volatile organic matter” means the material in the sewage solids transformed to gases or vapors when heated at 550 degrees centigrade for 15 to 20 minutes.

“Watercourse” means a channel in which a flow of water occurs either continuously or intermittently. [Ord. 764, 1978; amended during 2012 recodification. Code 1983 § 17-16. Code 2000 § 171.01].

12.20.020 District to require connections.

(A) The district shall take all actions or proceedings necessary and proper to require connection to the sewage works’ sewage system of all property within the district limits on which construction is started after the effective date of the ordinance from which this article is derived, where sewage is discharged for any and all purposes.

(B) In the event the sewage works deems it inadvisable to extend sewer mains to the real estate upon which such construction is started, as described above, because of the cost of such extension in relation to the revenue anticipated to be received from customers to be served thereby, the provisions of subsection (A) of this section will not apply. It shall be the intent of this chapter, insofar as possible, to cause all such property to be connected with the sewage works system. [Ord. 764, 1978. Code 1983 § 17-17. Code 2000 § 171.02].

12.20.030 Use of sewers required.

(A) It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the district or in any area under the jurisdiction of the district any human or animal excrement, garbage or other objectionable waste.

(B) It shall be unlawful to discharge to any natural outlet within the district, or in any area under the jurisdiction of the district, any sanitary sewage, industrial waste or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

(C) No person shall place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the district any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES permit. [Ord. 764, 1978. Code 1983 § 17-18; Code 2000 § 171.03].

Penalty, see HMC 1.05.170.

12.20.040 Entry powers, inspection powers, and the like, of governmental officials.

(A) The superintendent, inspector, and other duly authorized employees of the district, state water pollution control employees and U.S. Environmental Protection Agency employees bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. Entry shall occur during reasonable business hours. Entry shall be with the consent of a rightful occupant of the premises, except where a public safety emergency justifies a warrantless entry. If entry is refused, a warrant may be procured to inspect the premises under the terms of IC 36-7-9-15. The superintendent or his representatives, state water pollution control employees and U.S. EPA employees shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(B) While performing the necessary work on private properties referred to in subsection (A) of this section, the superintendent or duly authorized employees of the district shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the district employees and the district shall indemnify the company against loss or damage to its property by district employees and 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 as such may be caused by negligence or failure of the company to maintain safe conditions as required in HMC 12.20.260.

(C) The superintendent and other duly authorized employees of the district bearing proper credentials and identification shall be permitted to enter all private properties through which the district holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. [Ord. 764, 1978; amended during 2012 recodification. Code 1983 § 17-19. Code 2000 § 171.04].

12.20.050 Billing and collection of charges and rates.

(A) Sewage service bills shall be rendered pursuant to the billing and reading frequencies and practices of the municipal water utility, all pursuant to Chapter 12.05 HMC. Service bills shall be payable at the same time as water service bills of said utility are payable.

(B) Such sewage service bills shall be based upon the rates and charges for the use of and service rendered by the sewage works, as described in this chapter. The rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owners; but such billings shall in no way relieve the owner from liability in the event payment is not made as herein required.

(C) Landlord Right to Review Records of Tenant. The owners of the properties served, which are occupied by tenants, shall have the right to examine the collection records of the district for the purpose of determining whether such rates and charges have been paid by such tenants; provided, that such examination shall be made at the office at which said records are kept and during the hours that such office is open for business.

(D) The rates or charges made pursuant to the terms of this chapter against any lot, parcel of real estate or building that is connected with and uses the sewage works by or through any part of the sewage system of the district, or that in any way uses or is served by such works, shall be a lien, and the same are hereby declared, made, and constituted a lien upon and against any such lot, parcel of real estate or building. Such lien, after written notice to the owner of any such lot, parcel of real estate or building, shall attach as such rates or charges become due and payable, and shall be superior to and take precedence over all other liens except the lien for taxes, and shall be enforced as hereinafter set out.

(E) Delinquent Bills and Fees. Rates or charges so established shall be paid on the due date as stated in such bills, pursuant to subsection (A) of this section. Such rates and charges not paid when due shall be subject to a collection or delinquent payment charge.

If such rates or charges are not paid on the due date thereof, as stated in such bills, after written notice to the owner of any such lot, parcel of real estate or building, the same shall thereupon become and hereby are declared to be delinquent and a penalty of 10 percent of the amount of such rates or charges shall thereupon attach thereto, which rates or charges, together with the penalty, shall be collectible in the manner hereinafter provided.

(F) It shall be the duty of the clerk-treasurer of the town to enforce payment thereof, together with the penalty hereinabove provided.

(1) The clerk-treasurer shall certify to the county auditor a list of such rates or charges, including the amount of the penalty, which have become delinquent according to law.

(2) Such list shall include the name or names of the owner or owners of each and every lot, parcel of real estate or building on which such rates or charges have become delinquent, the description of such premises as shown by the records of the office of the county auditor, and the amount of such rates or charges, together with the amount of the penalty.

(3) It shall be the duty of the county auditor to place and include any such rates or charges, including the amount of the penalty, on the tax list, roll of taxes or tax duplicate, in the appropriate place thereon in respect to the premises on which any such rates or charges and penalty are due and payable, in such manner and pursuant to the terms of IC 36-9-25-11(g), 36-9-23-33 and 36-9-23-34.

(4) A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the county recorder before the conveyance to the subsequent owner. If the property is conveyed before the lien can be filed, the municipality shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not more than 15 days after the date of the notice. If payment is not received within 180 days after the date of the notice, the amount due may be expensed as a bad debt loss.

(5) A lien attaches against real property occupied by someone other than the owner only if the utility notifies the owner not later than 20 days after the time the utility fees become 60 days delinquent. A notice sent to the owner under this subsection must be sent by first class mail or by certified mail, return receipt requested (or an equivalent service permitted under IC 1-1-7-1) to:

(a) The owner of record of real property with a single owner; or

(b) At least one of the owners of real property with multiple owners;

at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice of the delinquency, or to another address specified by the owner, in a written notice to the utility, at which the owner requests to receive a notice of delinquency under this subsection. The cost of sending notice under this subsection is an administrative cost that may be billed to the owner.

(G) In addition to the methods of collection of such rates or charges, including the penalty thereon, when the same become delinquent as hereinabove provided, the sewage works shall have the right to foreclose the lien hereinbefore established. In all suits brought to foreclose such lien, the sewage works shall recover the amount of such rates or charges and the penalty thereon, together with a reasonable attorney’s fee, pursuant to the terms of IC 36-9-25-11(g), 36-9-23-33 and 36-9-23-34.

(H) The municipality is subject to the fees established under this chapter for services rendered the municipality, and shall pay the fees when due. [Ord. 1725 § 1, 2020].

12.20.060 Special agreements.

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the district and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the district for treatment, subject to payment therefor by the industrial concern. [Ord. 764, 1978. Code 1983 § 17-21. Code 2000 § 171.06].

12.20.070 Unauthorized breaking, tampering, and the like.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. [Ord. 764, 1978. Code 1983 § 17-22; Code 2000 § 171.07].

Penalty, see HMC 1.05.170.

12.20.080 Compliance with state and federal requirements.

All provisions of this chapter and limits set herein shall comply with any applicable state and/or federal requirements in effect. [Ord. 764, 1978; amended during 2012 recodification. Code 1983 § 17-23; Code 2000 § 171.08].

Penalty, see HMC 1.05.170.

12.20.090 Unlawful connections.

It shall be unlawful for anyone to make connection to a sewage works primary line or secondary line without first making application for connection and complying with the provisions of this chapter. Violators shall be subject to a penalty of $100.00 plus twice the base monthly sewage rate for the period involved. Anyone using the services of the sewage works and not paying for such services, or not reporting the use of such services shall be subject to a penalty of twice the assessment charge plus twice the minimum quarterly sewage rate for the period. [Ord. 764, 1978; amended during 2012 recodification. Code 1983 § 17-24; Code 2000 § 171.09].

12.20.100 Violations – Notice – Liability – Remedies.

(A) Any person found to be violating any provision of this article except HMC 12.20.070 shall be served by the district with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

(B) Any person who shall continue any violation beyond the time limit provided for in subsection (A) of this section shall be punished as provided in HMC 9.85.060.

(C) Any person violating any of the provisions of this article shall become liable to the district for any expense, loss, or damage occasioned the district or district users by reason of such violation.

(D) The board shall have full power to invoke any authorized legal, equitable or special remedy for the enforcement of this article. The board is hereby authorized to institute proceedings in the circuit or superior courts of the county for prohibitory or mandatory injunctive relief to prevent or discontinue any violations hereof. [Ord. 764, 1989. Code 1983 § 17-25; Code 2000 § 171.10].

Article II. Building Sewers and Connections

12.20.110 Connection permit.

(A) No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.

(B) There shall be the following classes of building sewer tap permits:

(1) For single-family or two-family (duplex) residential service;

(2) For multifamily residential having three or more units’ service;

(3) For commercial service or establishments;

(4) For industrial waste producing establishments; and

(5) For service in a duly designated economic development area.

(C) The owner or his/her agent shall make application on a special form provided by the sewage works. The permit applications shall be supplemented by any plan, specifications or other information considered pertinent in the judgment of the superintendent.

(D) The following sanitary (wastewater) and storm water sewer permit and tap fees are hereby in effect:

(1) Three hundred dollars per single-family residential unit or per unit of a two-unit (duplex) residential building;

(2) Five hundred dollars per multiple-family residential building having three or more units;

(3) Five hundred dollars per commercial tap to a sanitary sewer, in the case of a storm water sewer, $500.00 per commercial building;

(4) Seven hundred dollars per industrial tap to a sanitary sewer, in the case of a storm water sewer, $700.00 per industrial building; and

(5) Five hundred dollars per one-quarter acre for users in a duly designated economic development area. The rate will be applied to the nearest one-quarter acre.

(E) The board of sanitary commissioners may assess sanitary (wastewater) and storm water sewer permit and tap fees for users in a duly designated economic development area as follows:

(1) For a user’s entire property area; or

(2) For the area of a user’s property contained within an assessment district established pursuant to IC 36-9-39.1 et seq.;

(3) Permit and tap fees established pursuant to subsections (E)(1) and (2) of this section may be deferred by the board of sanitary commissioners by allowing said fees to be added to the amount of an assessment levied against a user’s property pursuant to IC 36-9-39.1 et seq. [Ord. 1430 § 1, 2009; amended during 2012 recodification. Code 2000 § 171.20].

Penalty, see HMC 1.05.170.

12.20.120 Costs of, and liabilities from, connections.

All costs and expenses incident to the installation and connection of a building sewer shall be borne by the owner. The owner or the person installing the building sewer for said owner shall indemnify the district from any loss or damage that may directly or indirectly be occasioned by said installation. [Ord. 764, 1978. Code 1983 § 17-42; Code 2000 § 171.21].

12.20.130 Separate and independent building sewer required.

A separate and independent building sewer shall be provided for every building, except where two buildings are in close proximity and no private sewer is available or can be constructed to the second building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the second building and the whole considered as one building sewer. A single sewer may serve an industrial complex under a single ownership. [Ord. 764, 1978. Code 1983 § 17-43; Code 2000 § 171.22].

Penalty, see HMC 1.05.170.

12.20.140 Use of old building sewers.

Old building sewers may be used in connection with new buildings only when they are found on examination and test by the superintendent to meet all requirements of this chapter. [Ord. 764, 1978. Code 1983 § 17-44; Code 2000 § 171.23].

12.20.150 Building sewer specifications.

(A) The building sewer shall be cast iron soil pipe, ASTM specification or equal, vitrified clay sewer pipe, ASTM specification or equal, or other suitable material as governed by the Indiana Uniform Plumbing Code in effect as of March 20, 1978, and any provisions thereof which may be amendatory thereof or supplemental thereto from time to time hereafter, and as shall be approved by the superintendent. Joints shall be tight and waterproof.

(B) Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of cast iron soil pipe with leaded joints. Cast iron pipes with leaded joints may be required by the superintendent where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the superintendent. [Ord. 764, 1978. Code 1983 § 17-45; Code 2000 § 171.24].

Penalty, see HMC 1.05.170.

12.20.160 Building sewer size, slope, and location.

(A) The size and slope of the building sewers shall be subject to the approval of the superintendent, but in no event shall the diameter be less than four inches for single-family or duplex residential units and not less than six inches for all other uses. The slope of such four-inch pipe shall be not less than one-fourth inch per foot or sufficient slope to maintain a two feet per second velocity in the sewer.

(B) No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost.

The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible.

Changes in direction shall be made only with properly curved pipes and fittings. [Ord. 764, 1978. Code 1983 § 17-46; Code 2000 § 171.25].

Penalty, see HMC 1.05.170.

12.20.170 Building sewer lifts – Ejectors, and the like.

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drains shall be lifted by approved artificial means and discharged to the building sewer. No water operated sewage ejector shall be used. [Ord. 764, 1978. Code 1983 § 17-47; Code 2000 § 171.26].

Penalty, see HMC 1.05.170.

12.20.180 Joints.

(A) All joints and connections shall be made gas-tight and water-tight, and as governed by the Indiana Uniform Plumbing Code in effect as of March 20, 1978, and any provisions thereof which may be amendatory thereof or supplemental thereto from time to time.

(B) Cast iron joints shall be firmly packed with oakum or hemp and filled with molten lead, Federal Specification QQ-L-156, not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved. Approved joints of prefabricated elastomeric seal rings or sleeves may also be used.

(C) All joints in vitrified clay pipe shall be made with ASTM C425 type joints. Joints between clay pipe and pipe of other materials shall be made with approved adapter fittings or prefabricated elastomeric sealing rings or sleeves.

(D) Other jointing materials and methods may be used by approval of the superintendent. [Ord. 764, 1978. Code 1983 § 17-48; Code 2000 § 171.27].

Penalty, see HMC 1.05.170.

12.20.190 Connections to public sewer.

(A) The connection of the building sewer into the public sewer shall be made at the “Y” branch, if such branch is available at a suitable location. If the public sewer does not have a properly located “Y” branch, the owner shall at his expense install an approved tapping saddle in the public sewer at the location specified by the superintendent. The tapping saddle shall be installed in a neatly tapped hole cut into the public sewer; said connection between the tapping saddle and public sewer shall be secured by the use of epoxy compound. The center line of the building sewer at the tapping saddle shall be at or above the center line of the public sewer. A smooth, neat joint shall be made, and the connection made secure and water-tight. Special fittings may be used for the connection only when approved by the superintendent.

(B) The applicant for the building sewer permit shall notify the superintendent 24 hours in advance of 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. [Ord. 764, 1978. Code 1983 § 17-49; Code 2000 § 171.28].

Penalty, see HMC 1.05.170.

12.20.200 Excavations, backfilling, and the like.

(A) All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the superintendent. Pipe laying and backfill shall be performed in accordance with ASTM specifications except that no backfill shall be placed until the work has been inspected by the superintendent or his representative.

(B) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the district. [Ord. 764, 1978. Code 1983 § 17-50. Code 2000 § 171.29].

Penalty, see HMC 1.05.170.

Article III. Discharge Regulations

12.20.210 Storm water, surface water, cooling water, and the like.

(A) No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff or subsurface drainage to any sanitary sewer.

(B) Storm water and all other unpolluted waters shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by proper authorities.

(C) Roof runoff and roof downspouts shall discharge over land and shall not connect directly to a storm sewer; unless otherwise authorized by the board. However, this provision shall not apply to any existing connection otherwise prohibited by this subsection that was in place on or before February 14, 2011.

(D) Unpolluted water from air conditioners, cooling, condensing systems or swimming pools shall be discharged to a storm sewer, where it is available. Where a storm sewer is not available, discharge may be to a natural outlet approved by the district and by the state. Where a storm sewer or natural sewer is not available, such unpolluted water may be discharged into a sanitary sewer by obtaining a written approval by the board.

(E) Industrial cooling water, which may be polluted with insoluble oils or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water and shall be discharged in accordance with subsection (D) of this section. [Ord. 1487 § 1, 2011. Code 1983 § 17-61; Code 2000 § 171.40].

Penalty, see HMC 1.05.170.

12.20.220 Certain harmful wastes totally prohibited. Revised 12/24

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; and

(B) Any waters 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; and

(C) Any waters or wastes having a pH lower than 5.0, greater than 9.5, or having corrosive properties capable of causing damage or hazard to structures, equipment, and personnel of the sewage works; and

(D) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders. [Ord. 1794 § 1, 2024].

Penalty, see HMC 1.05.170.

12.20.230 Discharges superintendent may regulate or prohibit. Revised 12/24

(A) The admission into the public sewers of any waters or wastes having:

(1) A five-day biochemical oxygen demand greater than 220 milligrams per liter by weight; or

(2) Containing more than 260 milligrams per liter by weight of suspended solids; or

(3) Containing any quantity of substances having the characteristics described in subsection (C) of this section; or

(4) An average daily flow greater than five percent of the average daily sewage flow of the district;

shall be subject to the review and approval of the superintendent.

(B) (1) Where necessary in the opinion of the superintendent, the owner shall provide at his expense such preliminary treatment as may be necessary to:

(a) Reduce the biochemical oxygen demand to 220 milligrams per liter and the suspended solids to 260 milligrams per liter by weight; or

(b) Reduce objectionable characteristics or constituents to within the maximum limits provided in subsection (C) of this section; or

(2) Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent and of the Stream Pollution Control Board of the state, and no construction of such facilities shall be commenced until said approval is obtained in writing.

(C) No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes except if it appears likely in the opinion of the superintendent that such wastes will not harm either the sewers, sewage treatment process or equipment, nor have an adverse effect on the receiving stream, nor can otherwise endanger life, limb, or public property nor constitute a nuisance. In forming his opinion 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 sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. Included, but not limited to, the substances not acceptable are the following:

(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit, 65 degrees centigrade.

(2) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder (other than in a residence) may be subject to the review and approval of the superintendent.

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

(4) Any waters or wastes exceeding the following maximum allowable limits: 2.0 mg/l of boron, 10.0 mg/l of chromium (hexavalent), 25.0 mg/l of chromium (trivalent), 5.0 mg/l of copper, 10.0 mg/l of cyanide, 50 mg/l of iron FeS, 0.5 mg/l of lead, 10.0 mg/l of nickel, 100 mg/l of oil and grease, and the like (hexane solubles), temperature not over 150 degrees Fahrenheit (65 degrees centigrade), free acids and alkalis pH between 5.0 and 9.5, 10.0 mg/l of zinc, 2.0 mg/l of cadmium, and 30.0 mg/l of chlorine demand.

(5) Any waters or wastes containing phenols or other taste- or odor-producing substances after treatment of the composite sewage, in such concentrations exceeding limits which may be established by the superintendent as necessary to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the respective waters.

(6) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.

(7) Any waters or wastes having a pH less than 5.0 or in excess of 9.5.

(8) Materials which exert or cause:

(a) Unusual concentration of inert, suspended solids (such as, but not limited to, fuller’s earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment plant.

(d) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

(9) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(D) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with Standard Methods.

(E) 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 (C) of this 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 shall:

(1) Require new industries or industries with significant increase in discharges to submit information on wastewater characteristics and obtain prior approval for discharges;

(2) Require other methods of disposal; and/or

(3) Require pretreatment to an acceptable condition for discharge to the public sewers; and/or

(4) Require control over the quantities and rates of discharge; and/or

(5) Require facilities to prevent accidental discharge of any unacceptable wastes; and

(6) Require payment to cover the added cost of handling and treating the wastes not covered by sewer charges under the provisions of this chapter and all ordinances amendatory thereof and supplemental thereto, and any fines, penalties or damages assessed against the district for discharge of such wastes. [Ord. 1794 § 1, 2024].

12.20.240 Pretreatment facilities.

(A) If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plans and equipment shall be subject to the review and approval of the superintendent and subject to the requirements of all applicable codes, ordinances and laws.

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

(C) Plans, specifications, and any other pertinent information relating to pretreatment or control facilities shall be submitted for approval of the district and the state, and no construction of such facilities shall be commenced until approval in writing is granted. Where such facilities are provided, they shall be maintained continuously in satisfactory and effective operating order by the owner at his expense and shall be subject to periodic inspection by the district to determine that such facilities are being operated in conformance with applicable federal, state and local laws and permits. The owner shall maintain operating records and shall submit to the district a monthly summary report of the character of the influent and effluent to show the performance of the treatment facilities and for comparison against district monitoring records.

(D) Pretreatment of industrial wastes from major contributing 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 (U.S. EPA) and published in the Federal Register on November 8, 1973 (40 CFR 128), and “Federal Guidelines Establishing Test Procedures for Analysis of Pollutants,” published in the Federal Register on October 16, 1973 (40 CFR 136), in addition to any more stringent requirements established by the district, and any subsequent state or federal guidelines and rules and regulations. [Ord. 764, 1978. Code 1983 § 17-64. Code 2000 § 171.43].

Penalty, see HMC 1.05.170.

12.20.250 Inspection, and the like, of nonresidential discharges.

(A) Any industrial wastes discharged into the public sewers shall be subject to periodic inspection and determination of volume, character and concentration. The examination shall be made as often as the superintendent deems it necessary 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. Every care shall be exercised in collecting the samples to ensure their preservation, until analyzed, in a state comparable to that at the time the samples were collected.

(B) The district may require users of the treatment works, other than residential users, to supply pertinent information on wastewater flows characteristics. Such measurements, test, and analysis shall be made at the user’s expense. If made by the district, an appropriate charge may be assessed to the user at the option of the district. [Ord. 764, 1978. Code 1983 § 17-65. Code 2000 § 171.44].

12.20.260 Flow measuring and sampling facilities – Control manhole.

(A) The installation, operation and maintenance of the flow measuring and sampling facilities shall be the responsibility of the person discharging the wastes and shall be subject to the approval of the superintendent. When required by the superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation sampling and measurement of the wastes.

(B) Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. [Ord. 764, 1978. Code 1983 § 17-66; Code 2000 § 171.45].

Penalty, see HMC 1.05.170.

12.20.270 Interceptors.

(A) Fat, grease, 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 and other harmful ingredients. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located so as to be readily and easily accessible for cleaning and inspection. Approval of any such interceptors by the superintendent shall not relieve any person of the responsibility of complying with the discharge requirements of this article.

(B) Fat, grease, oil and sand interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water-tight and equipped with easily removable covers which when bolted in place shall be gas-tight and water-tight.

(C) Where installed, all fat, grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. [Ord. 764, 1978. Code 1983 § 17-67; Code 2000 § 171.46].

Penalty, see HMC 1.05.170.

12.20.280 Inspection of discharges to review rates.

The strength of wastewaters shall be determined for periodic establishment of charges provided for in this chapter from samples taken at the control manhole at any period of time and of such duration and in such manner as the district may elect, or at any place mutually agreed upon between the user and the district. Appropriate charges for sampling and analysis may be assessed to the user at the option of the district. The results of routine sampling and analysis by the user may also be used for determination of charges after verification by the district. [Ord. 764, 1978. Code 1983 § 17-68; Code 2000 § 171.47].

12.20.290 Notice to district of spills, unusual flows, and the like.

Users of the sewage system shall immediately notify the district of any unusual flows or wastes that are discharged accidentally or otherwise to the sewer system. [Ord. 764, 1978. Code 1983 § 17-69; Code 2000 § 171.48].

Penalty, see HMC 1.05.170.

Article IV. User Rates and Charges

12.20.300 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Board” means the board of sanitary commissioners of the town, or any duly authorized officials acting in its behalf.

“BOD” or “biochemical oxygen demand” shall have the meaning ascribed to it in this chapter.

“Commercial user” means any 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.

“Debt service costs” means the average annual principal and interest payments on all outstanding revenue bonds or other long-term capital debt.

“District” means the sanitary district of Highland, Indiana, or any duly authorized officials acting in its behalf.

“Excessive strength surcharges” means an additional charge which is billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.

“Government user” means any federal, state or local government user of the wastewater sewage works.

“Industrial user” means any manufacturing or processing facility that discharges industrial waste to a publicly owned sewage system.

“Industrial wastes” means the wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences.

“Institutional user” means any establishment listed in the Office of Management and Budget’s Standard Industrial Classification Manual (1972 Edition) involved in a social, charitable, religious, and/or educational function which, based on a determination by the town, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

“Normal domestic sewage” means wastewater or sewage having an average daily concentration as follows: BOD not more than 220 mg/l; SS not more than 260 mg/l. As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from wastes from industrial processes.

“NPDES permit” shall have the meaning assigned to it in this chapter.

“Operation and maintenance costs” include 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 local requirements (these costs include replacement).

“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.

“Person” means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.

“Replacement costs” means the expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the sewage works to maintain the capacity and performance for which such works were designed and constructed.

“Residential user” means a user of the sewage works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, and the like.

“Sewage use ordinance” means the ordinance now or hereafter codified in this chapter.

“Sewer industrial cost recovery ordinance” means a separate and companion enactment to this article, which provides for recovery from industrial users of the sewage works of a portion of the federal grant amount allocable to the construction of sewage facilities for transporting industrial waste pursuant to Section 204(b) of PL 92-500 and 40 CFR 35.928(1) and (2).

“Suspended solids” or “SS” shall have the meaning assigned to it in this chapter.

“Town” means the town of Highland, Indiana, acting by and through the board of sanitary commissioners.

“User charge” means a charge levied on users of the wastewater sewage works for the cost of operation and maintenance of such works pursuant to Section 204(b) of Public Law 92-500.

“User class” means the division of wastewater sewage customers by source, function, waste characteristics, and process or discharge similarities (i.e., residential, commercial, industrial, institutional and governmental in the user charge system and as industrial and nonindustrial in the industrial cost recovery system). [Ord. 765, 1978; amended during 2012 recodification. Code 1983 § 17-81; Code 2000 § 171.60].

12.20.310 General basis, classification, and the like.

(A) Every person whose premises are served by the sewage works shall be charged for the services provided. These charges are established for each user class, as defined, in order that the sewage works shall recover, from each user and user class, revenue which is proportional to its use of the sewage works in terms of volume. User charges are levied to defray the cost of operation and maintenance (including replacement) of the sewage works. User charges shall be uniform in magnitude within a user class.

(B) User charges are subject to the rules and regulations adopted by the United States Environmental Protection Agency, published in the Federal Register, August 21, 1973 (38 CFR 22523), and on February 11, 1974 (39 CFR 5252). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected service life of the sewage system structure equipment.

(1) Residential;

(2) Commercial;

(3) Governmental;

(4) Institutional;

(5) Wholesale residential;

(6) Industrial. [Ord. 765, 1978. Code 1983 § 17-82; Code 2000 § 171.61].

12.20.320 Rates and charges established – Payment required.

(A) For users of the sewage works who are also metered users of the municipal water works, the basis for user fees will be comprised of a combined disposal, collection and treatment rate which will be based upon metered usage and a second component which will be a flat fee or base rate to be based upon the size of water meter servicing the user, all pursuant to IC 36-9-25-12. Water meters shall be read and sewage service bills shall be rendered pursuant to the billing and reading frequencies and practices of the municipal water works utility, pursuant to the Waterworks Rules and Regulations.

(1) The base charge shall be based on a water meter size of not more than one size smaller than the service line in which the meter is installed.

(2) For the service rendered to the town of Highland, the town shall be subject to the same rates and charges as herein provided.

(B) For users of the sewage works that either indirectly or directly use water from a source other than that of the municipal water works or that is measured from a water meter that is not acceptable to the board of sanitary commissioners, the board may require the person at the person’s own expense to furnish, install, and maintain a water or sewage measuring device acceptable to the board, pursuant to IC 36-9-25-12(d).

(C) For the purposes of this chapter, sewage works shall be construed and have the meanings according to the definitions set forth in IC 36-9 et seq. and will include but not necessarily be limited to services or activities related to the following:

(1) Sewage treatment plants;

(2) Intercepting sewers;

(3) Main sewers;

(4) Submain sewers;

(5) Local sewers;

(6) Lateral sewers;

(7) Outfall sewers;

(8) Storm sewers;

(9) Force mains;

(10) Pumping stations;

(11) Ejector stations; and

(12) Any other structures necessary or useful for the collection, treatment, purification, and sanitary disposal of the liquid waste, solid waste, sewage, storm drainage, and other drainage of the municipality. [Ord. 1622 § 1, 2016].

12.20.330 Adequacy and purposes of rates, charges and fees.

The fees set forth in this enactment together with the taxes levied under IC 36-9-25 et seq. must at all times be sufficient to produce revenues sufficient to pay operation, maintenance, and administrative expenses of the sanitary district and sewage works, to pay the principal and interest on bonds of the sanitary district and sewage works as they become due and payable, and to provide money for the revolving fund authorized. [Ord. 1090.765-G, 1998. Code 2000 § 171.63].

12.20.340 Special adjustments.

(A) Adjustments for Lawn Sprinkling or Other Situations Where the Town’s Water Meter Inaccurately Reflects Sewage Created.

(1) The quantity of water discharged into the sanitary sewerage system and obtained from sources other than the utility that serves the town shall be determined by the district in such manner as the district shall reasonably elect, and the sewage service shall be billed at the above appropriate rates. Further, as hereinafter provided in this section, the district may make proper allowances in determining the sewage bill for quantities of water shown on the records to have been consumed, but which are also shown to the satisfaction of the district that such quantities do not enter the sanitary sewage system.

(2) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the district’s sanitary sewerage system, either directly or indirectly, is not a user of water supplied by the water utility serving the town, and the water used thereon or therein is not measured by a water meter, or is measured by a water meter not acceptable to the district, then the amount of water used shall be otherwise measured or determined by the district. In order to ascertain the rate or charge provided in this article, the owner or other interested party shall, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the district for the determination of sewage discharge.

(3) In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the district’s sanitary sewerage system, either directly or indirectly, is a user of water supplied by the water utility serving the town and, in addition, is 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 district, then the amount of water used shall be otherwise measured or determined by the district. In order to ascertain the rates or charges, the owner or other interested parties shall, at his expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the district for the determination of sewage discharge.

(4) In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial waste, water or other liquids into the district’s sanitary sewerage system, either directly or indirectly, and uses water in excess of 25,000 gallons per month, and it can be shown to the satisfaction of the district 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 district for the determination of sewage discharge.

(B) Summer Consumption Protocol. There shall be a summer usage consumption protocol in order that single and two-family residential users of wastewater service shall not be unduly charged for sprinkling their lawns and other summer activities where higher consumption does not have a nexus to cost recovery and wastewater treatment.

(1) There is established a summer usage period which shall apply to single-family and two-family residential users. The summer usage period applies to metered usage beginning on the date the meter is read in June, July, August and September and ending on the date the meter is read in October.

(2) There is established a winter measurement period, which shall comprise the actual metered usage for November, December, January, February and March. An average consumption shall be calculated for the winter measurement period. The average shall be calculated by taking the sum of the actual metered consumption for a customer in the months of the winter period, and dividing the total metered usage by the five months. The average metered usage for the winter measurement period of a customer will be calculated as a single average metered consumption for the billing season to which it applies.

(3) During the summer usage period, charges for metered usage shall be based upon the lesser of either actual metered usage for period invoiced or the average metered consumption for the designated winter period.

(4) The superintendent of the utility and the billing authority (clerk-treasurer) shall jointly determine which bill(s) best reflect the metered usage intended to be captured during the summer usage period.

(5) The aforementioned provisions shall apply to each lot, parcel of real estate or building which is occupied and used as a single-family residence. Said provisions shall not apply to any premises which are partially or wholly used for multifamily, commercial or industrial purposes. In the event a portion of such premises shall be used for single-family residence, 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 provisions hereunder shall be applicable to that portion of the premises used for residential purposes.

(6) In the event a single-family or two-family residential user for any reason has no actual or insufficient usage associated with the winter measurement period, the clerk-treasurer shall be authorized to make a reasonable determination for the average usage that shall be used in calculating the adjustment associated with the summer usage protocol.

(7) Allowances shall not be granted for the filling of swimming pools nor for irrigation outside the summer rate period.

(1) In order that the rates and charges may be justly and equitably adjusted to the service rendered to industrial users, the district shall base its charges not only on the volume, but also on strength and character of the stronger-than-normal domestic sewage and wastes which it is required to treat and dispose of. The district shall require the industrial user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly into the sanitary sewage system, in such manner and by such method as the district may deem practicable in the light of the conditions and attending circumstances of the case, in order to determine the proper charge. The industrial user shall furnish a central sampling point available to the district at all times.

(2) Normal sewage domestic waste strength should not exceed a carbonaceous biochemical oxygen demand of 220 milligrams per liter of fluid or total suspended in excess of 260 milligrams per liter of fluid. Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis:

(a) There shall be an additional charge of $1.822 per 100 pounds for total suspended solids received in excess of 260 milligrams per liter of fluid.

(b) There shall be an additional charge of $4.213 per 100 pounds of carbonaceous biochemical oxygen demand for CBOD received in excess of 220 milligrams per liter of fluid.

(3) The determination of suspended solids and five-day carbonaceous biochemical oxygen demand contained in the waste shall be in accordance with the latest copy of Standard Methods for the Examination of Water, Sewage and Industrial Wastes Method 5210.B, as written by the American Public Health Association, the American Water Works Association, the Water Environmental Association, and in conformance with Guidelines Establishing Test Procedures for Analysis of Pollutants, Regulation 40 CFR 136, published in the Federal Register on October 16, 1973, revised July 1, 2011. [Ord. 765, 1978; Ord. 1622 § 2, 2016; Ord. 1725 § 4, 2020; Ord. 1729 § 1, 2021. Code 1983 §§ 17-84 and 17-85; Code 2000 § 171.64].

12.20.350 Wastewater rates and charges – Collection and billing. Revised 12/24

(A) For users of the sewage works who are also metered users of the municipal water works, the basis for user fees will be comprised of a separate rate for storm water management as set forth in HMC 12.25.030, and another set of recurrent rates to cover costs associated with wastewater disposal, collection and treatment. Users of the sewage works will be charged a flat rate designed to recover fixed costs that shall be based upon the size of water meter servicing the user, and a second charge, calculated as a rate upon metered usage, all pursuant to IC 36-9-25-12.

(B) The monthly base charge shall be based on a water meter size of not more than one size smaller than the service line in which the meter is installed. Water meters shall be read and sewage service bills shall be rendered pursuant to the billing and reading frequencies and practices of the municipal water works utility, pursuant to Chapter 12.05 HMC.

(C) Rates and charges for wastewater treatment and management services are hereby fixed and shall be comprised of the following metered rates and base charges to be effective beginning September 1, 2023, for year 2023 and beginning January 1st for years 2024, 2025 and 2026:

(1) A monthly base rate as set forth in this schedule, which shall be charged unrelated to metered usage:

Meter Size	Base Rate Total
5/8"	$8.42
3/4"	$12.62
1"	$21.43
1 1/4"	$33.52
1 1/2"	$47.40
2"	$82.15
3"	$186.49
4"	$331.37

(2) A monthly rate based upon metered usage:

Year	Metered Rate
2023	$7.27 per 1,000 metered gallons
2024	$7.56 per 1,000 metered gallons
2025	$7.86 per 1,000 metered gallons
2026	$8.16 per 1,000 metered gallons

(3) For users of the sewage works that are unmetered users of the municipal water works, the monthly charge shall be determined by equivalent single-family residential units, except as otherwise herein provided. Sewage service bills shall be rendered pursuant to subsection (A) of this section. The schedule on which said rates shall be determined is as follows:

Year	Unmetered Monthly User Charge
2023	$56.01 per unit
2024	$57.17 per unit
2025	$58.37 per unit
2026	$59.57 per unit

(4) An additional surcharge for each dwelling unit over one serviced through a single water meter shall be added to the above rates and charged according to the following schedule:

Year	Monthly Surcharge
2023	$8.49 per unit
2024	$8.49 per unit
2025	$8.49 per unit
2026	$8.49 per unit

[Ord. 1725 § 3, 2020; Ord. 1783 § 1, 2023].

12.20.360 Annual review.

In order that the rates and charges for sewage services may remain fair and equitable and be in proportion of the cost of providing services to the various users or user classes, the district shall cause an annual study to be made within a reasonable period of time following the normal accounting period. Such study shall include, but not be limited to, an analysis of the costs associated with the treatment of excessive strength effluents from industrial users or user classes, the financial position of the sewage works and the adequacy of its revenue to provide reasonable funds for operation, maintenance and replacements to the sewerage system. Said studies shall be conducted by officers or employees of the district or by a firm of certified public accountants, or a firm of consulting engineers, which firms shall have experience in such studies, or by such combination of officers, employees, certified public accountants, or engineers as the district shall determine to be the best under the circumstances. [Ord. 765, 1978. Code 1983 § 17-87; Code 2000 § 171.66].

12.20.370 District to make certain regulations.

The district shall make and enforce such bylaws and regulations as may be deemed necessary for the safe, economical and efficient management of the district’s sewerage system and pumping stations, for the construction and use of house sewers and connections to the sewerage system, and for the regulation, collection, rebating and refunding of rates and charges. The district is hereby authorized to prohibit dumping of wastes into the district’s sewage system which, in its discretion, are deemed harmful to the operation of the sewage works of said district, or to require methods affecting pretreatment of said wastes to comply with the pretreatment standards included in the NPDES permit issued to the sewage works. [Ord. 765, 1978. Code 1983 § 17-88; Code 2000 § 171.67].

12.20.380 Charges from Hammond sanitary district.

Sewage collected by the Highland sanitary district presently shall flow to the Hammond sanitary district for treatment. The Hammond sanitary district shall bill the Highland sanitary district for treatment of said district’s sewage. The charge for transportation and treatment is not addressed in this section, but shall be based on negotiation between all parties concerned and in compliance with the Clean Water Act, as amended. [Ord. 765, 1978. Code 1983 § 17-89; Code 2000 § 171.68].

Article V. Sewer and Extension Fund

12.20.390 Establishment.

(A) A sewer and extension fund is hereby established in the department of public sanitation to be governed by the board of sanitary commissioners to be used by the board if it elects to construct, repair, extend, or improve a sewage works according to the provisions of IC 36-9-39.1 et seq.;

(B) If the board so elects to use this fund to construct, repair, extend, or improve a sewage works according to the provisions of IC 36-9-39.1 et seq., it may adopt a resolution providing that the construction, repair, extension, or improvement will be financed under the terms of IC 36-9-39.1 and this article. [Ord. 1332 § 1, 2006. Code 2000 § 171.80].

12.20.400 Fund resources.

(A) The fund consists of the following:

(1) A special assessment imposed and collected under IC 36-9-39.1-7. However, a special assessment imposed and collected under any other statute may not be deposited in the fund;

(2) An appropriation to the fund, which may include an appropriation made from taxes levied by a municipal legislative body for the construction, repair, extension, or improvement of a sewage works;

(3) From an appropriation in the sanitary district special operating fund, set aside and transferred to the fund;

(4) From an expenditure in the sewage works operating and maintenance fund, set aside and transferred to the fund;

(5) From a repayment out of the proceeds of the sale of bonds to the extent that the expenses paid are chargeable to the costs outlined in a bond resolution of the board adopted pursuant to IC 36-9-25-18;

(6) From money derived from state or federal reimbursement grants, if applicable;

(7) From assessments levied on benefiting property for such projects as have been or as hereinafter may be identified by the board of sanitary commissioners;

(B) Pursuant to IC 5-13-9 and 36-9-25-33, monies in the fund may be invested; provided, that the yields from the purchase and sale of any such investments be deposited with the fund. [Ord. 1332 § 1, 2006. Code 2000 § 171.81].

12.20.410 Appropriation of money for sewage works.

(A) The board may adopt a resolution to appropriate money from funds under the board’s control to pay for all or part of the cost of the construction, repair, extension, or improvement of a sewage works, subject to IC 36-9-25-34 and 36-9-25-37, which also considers the funds appropriated already.

(B) Any costs not paid under subsection (A) of this section must be paid by:

(1) An assessment imposed under IC 36-9-39.1-7(c) against the benefited properties; or

(2) A contract under IC 36-9-22. Any interest or penalties attributable to an assessment under this section must be deposited in the fund.

(3) The board may adopt a resolution to impose an assessment to finance the construction, repair, extension, or improvement of a sewage works. The assessment must be imposed and collected as provided by the street and sewer improvement statutes. [Ord. 1332 § 1, 2006. Code 2000 § 171.82].

12.20.420 Contracts for sewage works.

(A) A contract for the construction, repair, extension, or improvement of a sewage works is subject to the statutes authorizing municipalities to make and finance public improvements.

(B) Upon awarding a contract for the construction, repair, extension, or improvement of a sewage works under this chapter, a board shall:

(1) Carefully compute the entire cost of the construction, repair, extension, or improvement, including payments to the contractor and all incidental costs, expenses, and damages paid and incurred according to law; and

(2) Prepare and make out an assessment roll listing the assessments against the properties benefited. In determining and fixing the amount of assessments, the giving of notice of assessments, the holding of public hearings, and the making of final determinations, subject to the right of appeal from those determinations, the board is governed by the street and sewer improvement statutes.

(C) An assessment under this article is a lien against the benefited property from the time of the letting of the contract and shall be collected in the manner provided for collection of Barrett Law assessments.

(D) The board shall fix a period of not more than 20 years within which the assessments shall be paid.

(E) A property owner liable for an assessment may execute a waiver in the manner provided by the street and sewer improvement statutes to pay the assessment in annual installments over a period fixed by the board.

(F) All payments under this article are deposited into the fund. [Ord. 1332 § 1, 2006. Code 2000 § 171.83].