Chapter 13.10 SEWERS

“Commercial user” means any establishment involved in a commercial enterprise, business, or service which, based on a determination by the City, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

“Compatible pollutant” means any pollutant which is not defined below as an “incompatible pollutant.”

Debt. See “Service costs.”

“Domestic wastewater” means wastewater discharged from the sanitary conveniences of dwellings, apartment houses, hotels, office buildings, industrial plants and institutions, and a water supply of a community after it has been used and discharged into a sewer, excluding storm and surface water.

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

“Governmental user” means any Federal, State, or local governmental user of the wastewater treatment works.

“Incompatible pollutant” means a pollutant which passes through or interferes with the treatment processes or which may contaminate sewage sludge.

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

“Industrial waste” 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 involved in a social, charitable, religious, or educational function which, based on a determination by the City, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

“Maintenance and operation costs” means the costs of operating charges, upkeep maintenance costs, repairs, equipment replacement costs, and other necessary expenses incidental to the operation of the sewage works.

“Normal domestic sewage” means:

(1) For the purpose of determining surcharges, “normal domestic sewage” shall mean moist water or sewage having an average daily concentration as follows:

(a) BOD not more than 200 mg/L.

(b) SS not more than 200 mg/L.

(2) As defined by origin, “normal domestic sewage” means wastewaters from segregated domestic or sanitary conveniences as distinct from waste from industrial processes.

“NPDES permit” means a permit issued pursuant to the National Pollutant Discharge Elimination System as provided in 33 USCA 1341.

“Operation and maintenance costs” shall include all costs associated with the operation and maintenance of the wastewater treatment facility, including, but not limited to, administration and replacement costs, all as determined from time to time by the City.

“Replacement costs” means expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the wastewater treatment facility to maintain the capacity and performance for which such facilities were designed and constructed. Operation and maintenance costs include replacement costs.

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

“Sanitary sewer” means a sewer that carries liquid and water wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.

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

“Sewage works” means all of the works heretofore or hereafter established, financed, and constructed under the provisions of Chapter 61, Acts 1967, Indiana General Assembly, as amended.

“Sewer service charge” means a charge levied on users of the wastewater treatment facilities for payment of operation and maintenance expenses, debt service costs, and other expenses or obligations of said facilities.

“Solid waste” means any useless or worthless byproduct of a process or the like refuse or excess material, such as garbage or trash.

“SS” or “suspended solids” means solids that either float on the surface of or in suspension in water, wastewater, or other liquids and which are largely removable by laboratory filtering.

“Storm sewer” means a sewer intended to carry only storm water, surface runoff, street wash waters, and drainage.

“Undue hardship” shall mean:

(1) A situation wherein the person claiming such does not have sufficient funds to cover the cost of the required task and has been refused financing for the task by two local financial institutions;

(2) Conditions exist which render undertaking the task unsafe; or

(3) Conditions exist which render the task impractical or impossible from an engineering standpoint due to causes beyond the control of the person claiming the hardship or which could not have been reasonably foreseen.

“User” means any person or persons and any establishment of any kind discharging or causing the discharge of wastewater into the sewer system of the City.

“User class” means the division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities.

“Utility” or “Utility Department” shall mean the Water and Sewer Utility of the City of Evansville, Indiana.

“Wastewater” means the spent water of a community or person. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water that may be present.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.020 Pressure pump sewer system.

Any person who installs a pressure pump sewer system, which includes, but is not necessarily limited to, a system whereby effluent is pumped from homes in pipes under pressure to a municipal sanitary sewer or a grinder which grinds solids and pumps effluents under pressure to municipal sewers or any other similar system, shall maintain the system at all times. Maintenance shall cover the entire system up to and including the junction at which the pressure line discharges into the municipal sewer connection. It shall include, but not necessarily be limited to, the maintenance of all individual service lines on private property so that the lines do not leak or cause the spillage of effluent on the ground, the maintenance of all pumps, grinders, or other mechanical devices used in the pressure sewer system. Any failure to maintain this system shall be a violation of this section.

(Ord. 05-13-005 § 1, 6/4/2013)

Article II. Sewer Uses

13.10.030 Depositing and discharging wastes.

(A) No person shall place, deposit, or cause to be deposited on public or private property within the City any human or animal excrement, garbage, or any other waste likely to cause a nuisance or damage to persons or property.

(B) No person shall discharge, or cause to be discharged, into any natural outlet within the City, or in any area under the jurisdiction of the City, any sanitary sewage, industrial waste, or other polluted waters, except in accordance with the provisions of this article.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.040 Prohibited substances in sewers.

(A) No person shall discharge or cause to be discharged to any public sewer any substances, materials, waters or waste containing toxic or poisonous substances in sufficient quantity to injure or interfere with any sewage system equipment, constitute a hazard to humans or animals, or create a hazard in the receiving waters.

(B) Any wastes that, for a duration of 15 minutes, have a concentration greater than five times the average concentration of the wastes as measured by suspended solids and BOD are prohibited from discharge directly or indirectly into the sewer system.

(C) Any person who violates the provisions of this section shall be subject to a fine of not less than $200.00 nor more than $2,500 per violation. Each discharge shall be a separate violation, and each day of continuous discharge shall be a separate violation. Additionally, any person who violates this section shall be liable for all costs, expenses, damages, and attorneys’ fees allowed by law and for all penalties imposed upon the utility by any agency of the State or Federal government as a result of said violation.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.050 Privy vaults, septic tanks, cesspools prohibited.

Except as provided in Chapter 13.10 EMC², no person shall construct or maintain any privy, privy vault, septic tank, cesspool, or other facilities intended or used for the disposal of sewage.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.060 Mandatory sewer connections.

(A) The owners of all houses, buildings or other structures used for human occupancy, employment, recreation, or other purpose, whose property on which the house, building, or other structure is located abuts on any street, alley, easement, or right-of-way in which there is located a public sanitary or combination sewer are required, at their expense, to install suitable toilet facilities therein and to connect the facilities directly to the public sewer within 90 days of notice to do so from the Utility Department, sent by certified mail. Properties utilizing an existing private sewage system may continue to use such so long as it is maintained in compliance with Chapter 13.10 EMC1.

(B) Owners of property abutting a public sanitary or combination sewer may employ private sewage disposal systems if improvements on such property are 300 feet or more from the sewer.

(C) Any private sewage system found to be a nuisance by the Vanderburgh County Health Department shall be abandoned upon order of the Health Department. A private sewer shall be considered a nuisance if:

(1) It is constructed or maintained so as to be in violation of State or local ordinance;

(2) It constitutes a substantial threat to the health or welfare of any person; or

(3) It causes damage to property.

(D) Should the owners of the property, as described in subsections (A), (B), and (C) of this section, fail to connect to the public sewer after notice, such owner shall be subject to a fine of $100.00 upon expiration of the 90-day period following notice to make the connection. Each day the owners fail to make such connection shall constitute a separate violation subject to a fine of $100.00 until compliance is achieved. Extension of the 90-day period may be granted by the Utility Board of Directors upon finding by the board that compliance within that time period shall constitute an undue hardship on the owners.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.070 Storm or industrial wastewaters.

(A) No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process waters to any sanitary sewer from any source including, but not limited to, roof leaders, cellar drains, yard drains, area drains or foundation drains.

(B) No new combination sewers or extensions to existing combination sewers shall be permitted in those areas served by the City’s sanitary sewer system.

(C) Where separate storm and sanitary sewers exist, no person shall allow storm waters to enter the sanitary mains or sanitary flow to enter the storm mains.

(D) Any new construction outside the area served by the existing combined sewer system shall provide separate systems for the collection and disposal of storm and sanitary flows. All plans and specifications for separate storm drainage shall be subject to review and approval of the Board of Public Works. All plans and specifications for sanitary sewers shall be subject to review and approval of the Utility Board.

(E) In accordance with Federal and State directives, it shall be the intent of the utilities to achieve a maximum degree of separation of storm and sanitary water within areas entirely served by combination sewers. New construction in these areas shall, where feasible, include separate storm waters and/or provisions which minimize or delay inflow of storm waters. As a minimum effort, separate and distinct lines for clear water or storm waters and for sanitary waste shall be brought to the combination sewer. All plans and specifications will be subject to review and approval of the Utility Board. Such approval is required in every instance where drainage entering the sewer system is affected, including those where no actual sewer tap is made.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.080 Permissible discharges in storm sewers.

(A) Storm water, industrial cooling water and all other unpolluted process water or drainage shall be discharged to sewers specifically designated as storm sewers or to a natural outlet as approved by the Board of Public Works.

(B) Water, as detailed in subsection (A) of this section including all new sources, may be discharged into combination sewers only after review and approval of the Utility Department.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.090 Grease, oil or sand traps.

(A) Any building sewer which will have or has the potential to discharge waste containing grease, oil, sand or similar substances shall have a grease, oil and/or sand trap installed. Disposal to the sewers of mineral-based oils and greases is expressly prohibited. Grease traps shall not be required for private living quarters or dwelling units, but are mandatory for all restaurants and/or food preparation services. In no case shall a trap of less than 50 pounds grease retention capacity be installed. Traps shall be installed and maintained in such a manner as to provide at all times the effective removal of these substances before discharge to the public sewer. All traps shall be of the standard type and capacity which meets City and State requirements and shall be readily and easily accessible for cleaning and inspections. Additives which emulsify or impede the separation of oils and grease shall not be allowed. Where required under this section, the cost of and responsibility for installation and maintenance of the traps shall be the sole responsibility of the utility user.

(B) Any structure having a grease trap meeting the requirements of City and State codes prior to the effective date of the ordinance codified in this section may remain and constitute compliance so long as the old trap is of sufficient capacity and design to prevent grease, oil or sand from entering the public sewer. If the old trap is replaced or cannot prevent said materials from entering the sewer system, then the replacement trap shall meet the requirements of subsection (A) of this section.

(Ord. 05-13-005 § 1, 6/4/2013)

Article III. Industrial Wastes

13.10.100 Special arrangements for industrial wastes.

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

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.110 Right of entry.

The Utility Department, Plumbing Inspectors, and other duly authorized representatives of the City, bearing proper credentials and identification, shall have the right to enter all properties served by the utility for the purpose of inspection, observation, measurement, samplings, and testing in accordance with the provisions of this chapter. Upon refusal of the owner or his agent to allow such entry for these limited purposes, the Utility Department or the City may maintain an action in Circuit or Superior Court to permit such entry and may recover all costs, attorneys’ fee, and expenses in obtaining such Court order or approval as allowed by law.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.120 Willful damage to sewerage property.

No unauthorized person shall knowingly or willfully break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewerage works.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.130 Notice of violations – Liability.

(A) Any person found to be violating any provisions of this article shall be served 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 the notice, permanently cease all violation.

(B) Any person violating any provision of this article shall become liable to the City for any expense, loss, or damage occasioned by the City by reason of the violation. Violators shall also be responsible for any fines or penalties levied against the City as a result of the violations by the Federal Environmental Protection Agency, Indiana Stream Pollution Control Board, Indiana Environmental Management Board, or any other regulatory agency having jurisdiction.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.140 Discharge from wells or cisterns – Meter required.

Any industrial or commercial user which draws water from any well or cistern shall install and maintain in good operating condition a water meter for the purpose of measuring the flow of all water drawn from each well or cistern. The meter shall conform to the specifications of the Waterworks Department.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.150 Wastewater of excessive strength.

(A) Wastewater surcharges will be applied to contributed wastewater strengths in excess of 200 mg/L biochemical oxygen demand (BOD) or 200 mg/L of suspended solids (SS) as follows:

Effective billing date: January 1, 2004, and thereafter:


Excess Strength Surcharge Rates (Surcharge for Exceeding Pollution Concentration Limits)	Rates Inside City Limits	Rates Outside City Limits
Biochemical oxygen demand	$0.28 (per lb.)	$0.38 (per lb.)
Total suspension solids	$0.28 (per lb.)	$0.38 (per lb.)

(B) Any commercial, institutional, or industrial customer who is required by the Water and Sewer Utility to provide certification of the strengths of its BOD and SS wastewater discharges must do so according to the certification reporting schedule as drafted and distributed by the pretreatment administrator of the Water and Sewer Utility. Each certification is subject to approval by the Water and Sewer Utility and must be based on analytical sampling and testing procedures acceptable to the Water and Sewer Utility. In the event a customer’s certification is not approved by the Water and Sewer Utility, billings shall be based on BOD and SS loadings determined appropriate by the Water and Sewer Utility until such time as an acceptable certification is approved by the Water and Sewer Utility.

(C) The Water and Sewer Utility may require a customer to provide the Water and Sewer Utility with split samples of the customer’s wastewater which are used for certification purposes.

(D) The Water and Sewer Utility retains the right to bill quality charges based on sampling and testing carried out by the Water and Sewer Utility personnel using Water and Sewer Utility procedures and the Water and Sewer Utility laboratory. The Water and Sewer Utility shall at all times have access to the premises of customers for the purpose of determining appropriate quality charges.

(E) Businesses subject to significant fluctuations in their wastewater loadings due to the seasonal nature of their activities, or for other reasons, must provide certifications representative of their typical annual loadings.

(F) The renewal frequency for wastewater discharge certificates shall be in accordance with the renewal schedule determined by the Water and Sewer Utility.

(G) If a customer fails to submit its certification by the due date required by the Water and Sewer Utility, the utility shall apply the noncertification penalty in accordance with subsection (I)(1) of this section to the customer’s wastewater service charge billings and may either conduct its own sampling and testing at the customer’s expense, as an additional wastewater service charge, or terminate sewer service.

(H) The Water and Sewer Utility may establish standard BOD and SS loadings for a specific customer class which shall be used to determine applicable quality charges, using the quality charge rates approved herein, for each customer within that classification as determined by the Water and Sewer Utility.

(I) Additional charges under this section shall be assessed as follows:

(1) A noncertification penalty of 10 percent of wastewater service charges shall be added to all wastewater service bills rendered to customers who are delinquent in submitting acceptable wastewater discharge certificates to the Water and Sewer Utility by their due dates. Such penalty is nonrefundable.

(2) A delinquent bill penalty shall be added to all wastewater service bills not paid by their due dates in accordance with the penalty policy in use by the Water and Sewer Utility’s billing and collection agency.

(3) Any business, firm, or individual introducing into the Water and Sewer Utility’s sewer system substances detrimental to the Water and Sewer Utility’s sewers, wastewater treatment facilities, or wastewater treatment processes, which result in abnormal costs for the Water and Sewer Utility, shall be charged and shall pay the actual total costs incurred as determined by the Water and Sewer Utility.

(4) Any additional charges assessed under this section are made a lien against and on the corresponding lot, parcel of real estate, building or premises served by the sanitary service in accordance with Section 13.10.300.

(Ord. 05-13-005 § 1, 6/4/2013)

Article IV. Sewer Connections and Construction

13.10.160 Board of Health regulations.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Board of Health.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.170 Building sewer permit required – Fees.

(A) No unauthorized persons 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 Utility Department and plumbing permit from the City Building Commissioner.

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

(1) Residential and commercial sewer permits.

(2) Service to establishments producing industrial wastes.

(C) In either case of building sewer permit, the owner or his agent shall make application for the permit on a special form to be furnished by the City. The permit application shall be supplemented by any plan, specification, or other information considered pertinent in the judgment of the City Engineer. A permit and inspection fee of $5.00 for residential or commercial building sewer permits and $15.00 for an industrial building sewer permit shall be paid to the City Controller at the time the application is filed.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.180 Petition to tap or extend services.

(A) Any person desiring to tap any sewer shall file with the Director of the Evansville Water and Sewer Utility a petition containing a description of the premises sought to be drained, the size and description of the pipe proposed to be used, the probable amount and kind of matter proposed to be discharged into the sewer, and specifying the point where it is proposed to make an opening into the sewer.

(B) Initial plans as set forth in said petition shall be reviewed by the operations staff of the Evansville Water and Sewer Utility to assure compliance with requirements and regulations of the Evansville Water and Sewer Utility, including, but not limited to, conformity with long-range plans. Following such review by the operations staff, the petition, as presented, shall be either approved or denied. All operations staff decisions may be appealed to the Evansville Water and Sewer Utility’s Board by the petitioner. If the petition is approved by the operations staff, or by the board if originally denied by the operations staff, the petitioner shall be advised in writing of such decision, enclosing a copy of the signed petition and advising the petitioner of the tap fee payment required. Upon payment of the tap fee payment, the petitioner may be issued a building permit by the Building Commissioner’s office.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.190 Extending sewers – Qualifications – Inspection.

(A) The utility shall perform a capacity review of the plans for the proposed extension and under normal conditions shall notify the Indiana Department of Environmental Management and the parties proposing the extension within two weeks of its submittal. The utility shall complete final design plan review within one month of the submittal. The utility shall have the right to modify the proposed extension to increase capacity or service area beyond the development or land owned or controlled by the developer and shall participate in the cost of such modifications as approved by the Utility Board. Construction of any extension shall not be started until final approval of the plans has been granted by the utility and by the Indiana Department of Environmental Management (IDEM). The utility operations staff shall be notified two working days before construction of the sewer extension begins and they shall be renotified at least one working day before construction re-starts after an interruption of work. All work is to conform with the approved plans plus adopted utility regulations and standards. Prior to adopting regulations and standards, a public hearing shall be held to receive comments.

(B) Construction of any extension of the sewer system, including building sewer laterals on public right-of-way, shall only be done by a contractor who has qualified by having a $10,000 bond on file with the Evansville Water and Sewer Utility along with a current certificate of insurance in amounts specified by the board. The board may disqualify for cause any contractor who fails to perform in accordance with the plans and specifications and the rules and regulations of the State of Indiana, the Utility Board, and this chapter.

(C) Inspections during construction may be done by the utility. The utility shall be notified at least two days before any sewer testing. The expense of after-hours inspections shall be paid by the applicant or contractor requesting the special inspection. Upon completion, the applicant or his engineer/contractor shall request in writing a final inspection and acceptance for maintenance. Where applicable, certified test results of leakage and pipe deflection and one set of “as-built” drawings shall accompany the request. Under normal conditions a list (i.e., “punch list”) of required corrections will be compiled and submitted within three weeks to the applicant and his engineer and contractor. The applicant shall respond within four weeks that the punch list items have been completed or will be completed within a stated reasonable time. This procedure shall be repeated as necessary and the applicant shall be notified in writing when the system has passed final inspection. The applicant shall submit one set of reproducible mylar copies of the “as-built” drawings showing all final sewer and manhole elevations prior to the utility notification of final approval. All sewers built under these requirements shall be completed and accepted within one year of the date of approval for construction unless approved otherwise by the Utility Board. Larger developments may be completed in sections, and each individual section shall be treated as a separate project with separate inspection and testing records.

The original approvals from IDEM and the Utility Board of the sewer plans for the total project shall not be affected by the separation of construction into various sections.

(D) Prior to final acceptance there shall be no discharge into the sewer systems except that the applicant may request partial use of the sewer system and approval shall be granted by the utility for a permitted discharge if all sewer pipe construction and all sewer tests have been approved by the utility staff and the applicant has posted surety with the board or Area Plan Commission sufficient to complete the incidental items for final approval by the board.

(E) The utility shall not restrict the issuance of a building permit for a building that will connect to a sewer extension if the sewer extension plans have been approved and the sewer extension applicant has posted surety sufficient to complete the sewer extension with the Area Plan Commission or utility and agrees to turn the sewer extension over to the utility.

(F) The bond filed hereunder shall be for the use and benefit of the board in making needed repairs and/or completing construction.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.200 Tapping – Building sewers – Inspection – Expense.

(A) No building sewer from a residence or commercial building shall be tapped or connected to the sewer system without inspection of said connection to the public sewer by the utility or Building Commissioner. A request for inspection shall be made at least one working day prior to making such connection. Any expense for after-hours inspections shall be paid by the contractor or applicant requesting the special inspection.

(B) The building sewer and tap or connection shall be done by, or under the direction of, a licensed contractor plumber registered with the Building Commissioner.

(C) The connection of any building sewer into the public sewer shall be made in compliance with the applicable plumbing codes.

(D) All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.210 Laying pipes through sewers.

No person shall lay any gas, water, or other pipe or conduit of any kind through any sewer of the City or make any opening or connection of any kind through, into, or with any sewer except for the purpose of making connection therewith as provided in this article.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.220 Separate and independent sewers.

A separate and independent building sewer shall be provided for every building, except when one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.230 Old sewers for new buildings.

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

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.240 Construction requirements.

(A) All materials and practices shall conform to applicable City and State building codes and to utility requirements and regulations. Any and all work done is subject to approval of the utility operations staff.

(B) Whenever feasible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewers shall be laid parallel to or within three feet of any load-bearing wall which might 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. Changes in directions shall be made only with properly curved pipes and fittings. In all buildings in which any building drainage is too low to permit gravity flow to the public sewer, sanitary sewage carried by the drain shall be lifted by approved artificial means and discharged to the building sewer.

(C) Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.250 Order to reopen and repair.

The Board of Public Works or the Utility Board shall have the power to compel the person making the connection to repair it at any time and to reopen the drain or relay the pipe as in its opinion shall be necessary.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.260 Excavations.

(A) All excavations required for the installation of the sewer shall be open trench unless otherwise approved by the Utility Department. Pipe laying and backfill shall be performed in accordance with standard practices; however, no backfill shall be placed until the work has been inspected and approved by an employee of the Utility Department.

(B) All excavations for building sewer installments shall be adequately guarded with barricades and lights to be installed by the property owner. Streets, sidewalks, parkways, and other public property disturbed in the course of work shall be restored in a manner satisfactory to the Board of Public Works.

(Ord. 05-13-005 § 1, 6/4/2013)

Article V. Rates and Charges

13.10.270 Computation.

The charges and rates for each user levied and assessed by this chapter shall be due and payable at the office of the Utility Department as and when charges for water consumption and water service charges are due and payable, unless otherwise set forth in Section 13.10.280.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.280 Rate schedule.

(A) The rates and charges shall be collected for the use of, and the service rendered by, the sewage works of the City from the owners of each and every lot, parcel of real estate, or building that is connected with or that uses the work by or through any part of the sewage system or the City or that in any way uses or is served by the work, discharging any sewage, industrial waste, water, or other liquids into the sewage works, including the real estate, buildings, and premises of the civil City of Evansville and the school corporation of Evansville, Vanderburgh County, the several townships thereof, the State, the Federal government, and any district or political subdivision or agency thereof.

(B)(1) In order that the rates and charges for sewage services may remain proportional to the cost of providing services to the various users or user classes and that the charges may remain sufficient to adequately fund the necessary replacement costs and other revenue and reserve requirements, the City shall cause a study to be made no less than biennially, following the date on which this chapter goes into effect. The City shall, upon completion of the study, revise and adjust the rates and charges as necessary in accordance therewith, in order to maintain the proportionality and sufficiency of the rates. The study shall include, but not be limited to, an analysis of the costs associated with the treatment of excessive-strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users or user classes, the financial position of the sewage works and the adequacy of its revenue to provide adequate funds for the operation and maintenance, replacement, debt service requirements, and capital improvements to the waste treatment systems. The study shall be made for the purpose of reviewing the sufficiency of the revenues to properly operate the wastewater treatment facility and all appurtenances attached thereto, and maintaining proportionality among the user classes of the rates and charges for sewage services.

(2) The studies shall be conducted by the Director of Administration of the Water and Sewer Utility, and the review shall be available for inspection on or before December 31st of every other calendar year.

(1) Water Base Consumption Charge. There shall be a service charge based on the quantity of water used on or in the property or premises serviced by the sanitary service, as this is measured by the water meters there in use. The charge (in United States dollars) shall be determined on the basis of the following category of accounts and effective on the date shown:

Effective billing date: November 1, 2009, and thereafter:

SUMMARY OF PRESENT AND PROPOSED RATES AND CHARGES – INSIDE CITY
		Present Rates (1)	Proposed Rates
INSIDE CITY		Present Rates (1)	Phase I (2)	Phase II (3)

Effective Date		11/01/09	01/01/11	01/01/12

Base Charge (Per Month)
Meter Size:
5/8	inch meter	$3.13	$3.42	$3.80
1	inch meter	7.98	8.70	9.66
1 1/2	inch meter	17.96	19.58	21.73
2	inch meter	31.91	34.79	38.62
3	inch meter	71.83	78.30	86.91
4	inch meter	127.71	139.21	154.52
6	inch meter	287.34	313.21	347.66
8	inch meter	510.80	556.78	618.03
10	inch meter	798.13	869.97	965.67

Volumetric Rate (Per 1,000 Gallons)
First	50,000	$4.82	$5.25	$5.83
Next	950,000	3.31	3.61	4.01
Next	2,000,000	2.78	3.03	3.36
Over	3,000,000	2.78	3.03	3.36

Governmental Users (Per 1,000 Gallons)
First	1,000	$7.67	$8.36	$9.28
All over	1,000	2.52	2.75	3.05

Property Not Using Water (Per Month)
Any unmetered user		$41.68	$45.43	$50.43

(1) Rates were approved by the Common Council on October 12, 2009, pursuant to Ordinance F-2009-12.

(2) Proposed Phase I Rates assume a nine percent across-the-board increase over present rates and charges.

(3) Proposed Phase II Rates assume an 11 percent across-the-board increase over Phase I rates and charges.

SUMMARY OF PRESENT AND PROPOSED RATES AND CHARGES – OUTSIDE CITY
		Present Rates (1)	Proposed Rates
OUTSIDE CITY		Present Rates (1)	Phase I (2)	Phase II (3)

Effective Date		11/01/09	01/01/11	01/01/12

Base Charge (Per Month)
Meter Size:
5/8	inch meter	$4.20	$4.58	$5.08
1	inch meter	10.78	11.76	13.05
1 1/2	inch meter	24.25	26.44	29.35
2	inch meter	43.09	46.97	52.14
3	inch meter	96.97	105.70	117.33
4	inch meter	172.39	187.91	208.58
6	inch meter	387.91	422.83	469.34
8	inch meter	689.60	751.67	834.35
10	inch meter	1,077.48	1,174.46	1,303.65

Volumetric Rate (Per 1,000 Gallons)
First	50,000	$6.51	$7.10	$7.88
Next	950,000	4.47	4.87	5.41
Next	2,000,000	3.76	4.10	4.55
Over	3,000,000	2.78	3.03	3.36

Governmental Users (Per 1,000 Gallons)
First	1,000	$10.37	$11.30	$12.54
All over	1,000	3.40	3.71	4.12

Property Not Using Water (Per Month)
Any unmetered user		$56.26	$61.32	$68.07

(1) Rates were approved by the Common Council on October 12, 2009, pursuant to Ordinance F-2009-12.

(2) Proposed Phase I Rates assume a nine percent across-the-board increase over present rates and charges.

(3) Proposed Phase II Rates assume an 11 percent across-the-board increase over Phase I rates and charges.

(2) Industrial and Commercial Users. Industrial or commercial users shall pay rates pursuant to the base and volumetric charges from the rate schedule set forth in subsection (C)(1) of this section. Industrial or commercial users who are not served by a water supply measured by a meter acceptable to the City shall, and industrial and commercial users who are served by such a metered water supply may, elect to install their own meters to meter the wastewater leaving the user’s facility. Such users are solely responsible for the maintenance of such meters and warrant to Evansville that such meters are calibrated and maintained annually.

(3) Availability of service is the direct cost to treat infiltration and inflow to the sewer system. The cost includes treatment of flow, BOD, SS, and transportation of wastewater.

(4) Governmental Users. The civil City of Evansville, the Evansville-Vanderburgh School Corporation, Vanderburgh County, the several townships thereof, the State, and the United States shall pay the rates and charges listed in subsection (C)(1) of this section.

(5) Exemption. Water which is used in the process of manufacture or for any other purpose which is not discharged directly or indirectly into the sewage works shall be exempted, provided the owner of the property on which the water is used installs, or causes to be installed, at his expense the necessary meters to indicate the amount of water used which is not discharged either directly or indirectly into the sewage works.

(6) Property Not Using Utility Water. In the event a lot, parcel of real estate, or building which is connected with, using, served by, or benefiting from sanitary service is not served by the City’s Waterworks, and water used thereon or therein is not measured by City water or a City meter acceptable to the City, said lot shall be charged the amount listed in subsection (C)(1) of this section under “Property Not Using Water.”

(7) Operation, Maintenance, and Replacement Fund Accounts. All sewer service charge revenues collected for replacement costs shall be deposited in a separate and distinct fund to be used solely for replacement costs. All sewer service charge revenues collected for other operation and maintenance expenses shall also be deposited in a separate and distinct fund.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.290 Schedule of tap-in and connection charges.

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

“City sewer system” means the sanitary sewer system of the City, located both within the City limits and within that area beyond the boundaries of the City limits, over which the City and Board of Public Works have jurisdiction as to sewers.

“Connection” and “tap-in” shall be identical whether used independently or jointly and shall cover not only situations where there is an initial or first tap-in or connection into the City sewer system but also where improvements which are already connected are additions to, enlargements of, or expansions of the existing improvements.

“Improvement” means any building, structure, or physical enclosure, whether attached or unattached to real estate, and whether mobile or immobile.

“Plumbing” means any piping governed by the Indiana Plumbing Code, the sanitary sewer lateral between a building and the main, and the water service supply from the stop-box to the building.

“Warehouse” means a building used primarily for the storage of goods and merchandise and that does not involve assembly or the manufacture of goods and merchandise.

(B) There is hereby imposed a tap-in charge upon all persons who shall hereafter do either of the following:

(1) Tap-in to the sewer system which is either publicly or privately owned and which is either a part of the City sewer system or directly or indirectly or eventually extends to or flows into the City sewer system; or

(2) Add to an existing improvement a structure to which plumbing of any sort is extended. The charge shall be imposed if the existing improvement is connected or tapped into a sewer line which is either publicly or privately owned, the line is either a part of the City sewer system or directly or indirectly or eventually extends or flows into the sewer system.

The tap-in charge shall be paid to the Utility Department prior to obtaining a permit for construction on the premises. The Building Commissioner shall not issue any permit until such tap-in charge has been paid to the Utility Department.

No fee shall be charged if an addition to an existing improvement is due to complying with the Americans with Disabilities Act (ADA) and does not involve the installation of additional fixtures or an increase in sewer usage. This exemption shall apply to all applications received after January 1, 1993.

(1) A residential single-family house or condominium single-family unit (excluding mobile homes, trailers, motor homes, or other similar vehicular-type construction): $1,200 each. Where an individual (property owner or developer) extends, at his sole cost and expense, the City sanitary sewer 150 feet or more through a public right-of-way or easement dedicated to the Sewer Utility, and in accordance with the requirements of the Sewer Department, the tap-in fee provided by this subsection (C)(1) shall be reduced to $600.00 effective July 1, 2002, then increased to $900.00 effective June 1, 2003, and $1,200 effective June 1, 2004.

Effective billing date: July 1, 2002, and thereafter.

(2) A residential duplex home (excluding mobile homes, trailers, motor homes, or other similar vehicular-type construction): $600.00/living unit.

Effective billing date: July 1, 2002, and thereafter.

(3) Apartments and townhouses: $600.00/unit.

Effective billing date: July 1, 2002, and thereafter.

(4) Hotels and motels: $600.00/rental room.

Effective billing date: July 1, 2002, and thereafter.

(5) Hospitals and nursing homes, per bed planned as of the time of the connection: $600.00/bed.

Effective billing date: July 1, 2002, and thereafter.

(6) Mobile home, trailer, motor home, or other similar vehicular-type improvement located in a subdivision designed and zoned exclusively for mobile homes, trailers, motor homes, or other similar vehicular-type improvements: $1,200/each.

Effective billing date: July 1, 2002, and thereafter.

(7) Mobile home, trailer, motor home, or other similar vehicular-type improvement which is not located in a subdivision designed and zoned exclusively for mobile homes, trailers, motor homes, or other similar vehicular-type improvements: $1,200/each.

Effective billing date: July 1, 2002, and thereafter.

(8) Industrial, commercial, office, professional or educational improvements or schools, and any and all other types of improvements of every kind and nature (except warehouses), which are not specifically listed above, shall be charged a tap-in fee based on the total square footage of each floor of all buildings or structures which will be reflected on the building permit. The basement shall be considered a separate floor. The charge shall be as follows:

Effective billing date: July 1, 2002, and thereafter.


Under 2,500 square feet	$1,800
2,500 – 9,999 square feet	$3,600
10,000 – 19,999 square feet	$7,200
20,000 – 40,000 square feet	$9,600
Over 40,000 square feet shall be $9,600 plus $0.18 per square foot for all footage over 40,000 square feet.

(9) Churches and improvements built by churches or church-owned property and devoted solely to church-related activities: $1,200/improvement.

Effective billing date: July 1, 2002, and thereafter.

(10) Warehouse. The charge shall be as follows:

Effective billing date: July 1, 2002, and thereafter.


Under 2,500 square feet	$1,200
2,500 – 19,999 square feet	$3,600
20,000 – 49,999 square feet	$0.18 per square foot
50,000 square feet or more	$9,000 plus $0.12 per square foot for all footage over 50,000 square feet

(D) Tap-In Fee Exemption. The tap-in fee for any new single-family home constructed on property designated as an economic revitalization area and approved for tax abatement by City Council shall be reduced to $450.00 subject also to any other exemptions or reductions allowed in this chapter. This subsection shall apply to any home for which a building permit is issued on or after February 1, 1994. Any new single-family home constructed by a not-for-profit organization exempt from income taxes under 26 USCA 501 of the Internal Revenue Code shall be exempt from the tap-in fee provided by subsection (C)(1) of this section so long as all the following apply:

(1) The house is constructed for sale to low income individuals who could not otherwise afford such a home;

(2) The purchaser of the house is not an officer or employee of the not-for-profit organization;

(3) The house is not constructed for the use of the not-for-profit organization;

(4) The not-for-profit organization complies with all fair housing laws and does not discriminate against any potential purchaser on the basis of race, color, creed, religion, national origin, sex, or handicap; and

(5) The not-for-profit organization does not charge interest to the purchaser.

All other provisions of this chapter shall apply, including, but not limited to, obtaining all necessary permits and construction standards.

(E) Any single-family house to be remodeled or relocated by a not-for-profit organization exempt from income taxes under 26 USCA 501(C) of the Internal Revenue Code shall be exempt from the tap-in fee provided by subsection (C)(1) of this section so long as all of the following apply:

(1) The house is owned by said not-for-profit organization at the time of application for the permit;

(2) The house is remodeled or relocated for sale or lease to low income persons (as defined by the U.S. Department of Housing and Urban Development);

(3) Such low income purchaser or tenant is not an officer, agent or employee of said not-for-profit organization;

(4) The house is not remodeled or relocated for the use of the not-for-profit organization; and

(5) Said not-for-profit organization complies with all fair housing laws and does not discriminate against any potential purchaser or tenant on the basis of race, color, creed, religion, national origin, sex or handicap.

All other provisions of this chapter shall apply, including, but not limited to, obtaining all necessary permits and construction standards.

(F) Any facility that is constructed by a not-for-profit organization exempt from income taxes under 26 USCA 501(C) shall be exempt from the tap-in fee provided by subsection (C) of this section so long as all of the following apply:

(1) The facility is constructed for the sole purpose of supporting youth sports activities.

(2) The facility is less than 1,000 square feet in floor area.

(3) The facility is completely separate and detached from any other building on the property.

All other provisions of this chapter shall apply, including, but not limited to, obtaining all necessary permits and construction standards.

(G) The charges established in subsection (C) of this section shall not apply in the following instances during the period indicated:

(1) For any improvement or real estate covered by any written contract with the City, acting by and through the board, and with a private contractor, and regardless of whether amounts charged under the contract are more or less than required under subsection (C) of this section, under the following circumstances: the contract is in full force and effect and has not been satisfied; the private contractor has not fully received all recoupment to which he is entitled under the contract; and the improvement or real estate is subject to charges imposed for direct tap-in or connection to the sewer constructed under the contract, regardless of whether or not the improvement or real estate is also subject to a charge for an indirect tap-in or connection to the City sewer system. In the event that all these circumstances are satisfied, then the charges established in the contract for the direct tap-in or connection (but not any charge for any indirect tap-in or connection) shall preempt and supersede the charges established under this section.

However, if any payment to be made under such a contract would be more than enough to pay the private contractor of the contract in full, then the tap-in and connection charge shall be whichever of the following is the lesser:

(a) The total amount required to be paid under the contract without consideration of the fact that the contract is being paid in full.

(b) The amount required under subsection (C) of this section. However, in no event shall the amount required to be paid under subsection (C) of this section be less than that amount required to pay the private contract in full.

(2) In an instance where an individual privately constructs a sanitary sewer system, the Utility Board is authorized and granted authority to permit modifications or exceptions to the foregoing schedule within its sole discretion, the modifications or exceptions to depend on particular circumstances such as, but not limited to, the distance of the development from an existing sewer, the cost for the construction of a line connecting the existing sewer to the development, the ownership of the line, and the right to recoupment from the line.

(H) The charges under subsection (C) of this section shall be reduced by the amount of any charge paid to the City under any control between a private contractor and the City, acting by and through the board, for any indirect tap-in (for a lateral or an extension) to the City sewer system under the contract while the contract is in full force and effect.

(I) This section shall be subject to the following additional terms, provisions, and interpretations:

(1) In the event any real estate or improvements can reasonably be tapped into or connected to more than one sewer, the board shall determine to which sewer the tap-in shall be made.

(2) Where a tap-in charge is to serve a new improvement which replaces an old improvement, where the old improvement has been either destroyed or removed from the real estate and the old improvement was properly connected to the City sewer system, either directly or indirectly, and the construction of the new improvement upon the real estate is commenced within 60 months from the date of destruction or removal of the old improvement on the real estate, then the following shall apply:

(a) If the tap-in and connection charge for the new improvement under subsection (C) of this section would be the same or less than the tap-in and connection charge under subsection (C) of this section would have been for the old improvement if the old improvement had been made under subsection (C) of this section, then there shall be no additional tap-in charge.

(b) The schedule in subsection (C) of this section shall apply to add-ons or additions, enlargements, or changed to an existing improvement reduced by all amounts which have previously been paid for the improvements under this section, or reduced by all amounts that would have been paid under subsection (C) of this section had the original tap-in been made pursuant to this section. No reduction in amount shall be allowed if no tap-in fee has been paid. In no event shall the additional tap-in and connection charge be less than the fee provided in subsection (C)(10) of this section. There shall not be an add-on charge for single-family residential houses, residential duplex homes, service stations, car washes, or a combination of a service station and car wash, mobile homes, trailers, motor homes, or other similar-type vehicle homes so long as the add-on addition, enlargement, or change does not modify the original use category listed above. If there is no additional plumbing in the addition, enlargement, or change, no additional fee shall be charged.

(3) In the event the construction of the new improvement is after 60 months from the date of destruction or removal of the old improvement from the real estate, then this provision shall not apply and there shall be no credit whatsoever for the old improvement; the tap-in and connection charge shall be determined under this section as if there had never been any old improvement on the real estate.

(4) The schedule in subsection (C) of this section shall apply to add-ons or additions, enlargements, or changes to an existing improvement. These modifications shall be considered separate, new, and independent structures to be tapped, either directly or indirectly, to the City sewer system, and the tap-in charge shall be computed as if the modification were a separate structure. However, there shall not be an add-on charge for single-family residential houses, residential duplex homes, service stations, car washes, or a combination of a service station and a car wash, mobile homes, trailers, motor homes, or other similar vehicular-type home, so long as the add-on addition, enlargement, or change does not modify the original use category listed above.

(J) In the event any situation arises which is not contemplated or covered by the foregoing provisions and schedule, the tap-in charge shall be determined by the board.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.300 Lien.

Each charge for the sanitary service by or pursuant to this article is made a lien against and on the corresponding lot, parcel of real estate, building, or premises served by the sanitary service, and if not paid on or before the due date thereof, the amount thereof together with a penalty of 10 percent of all unpaid charges and an administrative fee of $10.00 for the recording and release of such lien with the County Recorder and a reasonable attorneys’ fee may be recovered by the City in a civil action.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.310 Collection – Funds to be kept separate.

(A) The Water and Sewer Utility Board is authorized to make reasonable rules and regulations and to revise and amend them from time to time, as it may deem advisable to facilitate the enforcement of this article. To facilitate the collection of the sanitary service charges as herein provided, the Department of Waterworks at its discretion may show the amount of sanitary service charge on statements rendered by the Department of Waterworks to its consumers of water and users of its service irrespective of other users and consumers or the owners of the real estate, building, or premises chargeable with the sanitary service. The failure or omission to render any statement or bill shall not in any manner relieve the owner of the real estate, building, or premises of the obligation to pay any charge under this article or in any manner affect the lien therefor.

(B) All charges for sanitary service as provided in this article shall be paid as they become due at the office of the Department of Waterworks, and all collections shall be and constitute a separate and distinct fund from other funds of the Department of Waterworks and shall not be merged or commingled therewith. The collections and receipts shall be applied in the manner required by ordinances authorizing outstanding bonds payable from revenues of sanitary service. The Water and Sewer Utility Board shall have the control and management of sanitary service and is charged with the operation, repair, and maintenance of the sanitary service system. The Department of Waterworks shall be reimbursed for its reasonable charges and expenses incurred in the collection of sanitary service charges.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.320 Rate schedule subject to public inspection.

Before August 1st and every two years thereafter, the Evansville Water and Sewer Utility shall file with the City Clerk a report examining the rates and charges and containing, if necessary, recommendations for adjustments or modifications. A copy of the schedule of rates and charges shall at all times be kept on file in the office of the Department of Waterworks and in the office of the City Clerk and shall be open for public inspection. The rates or charges so established shall be extended to cover any additional real estate, building, or premises thereafter served which falls within the classification of rates so established, without the necessity of any hearing or notice.

(Ord. 05-13-005 § 1, 6/4/2013)

13.10.330 Charges based on use of sewers.

Nothing contained in this article shall be construed or interpreted as imposing any charge against any real estate, building, or premises, or the owner thereof whose sewage, industrial waste, water, or other liquids are not discharged directly or indirectly into the sewage works. It is expressly provided that the rates and charges for the sewage works as herein provided are based upon the services rendered by the sewage works and not upon the water consumed on or in the real estate, building, or premises charged.

(Ord. 05-13-005 § 1, 6/4/2013)

Article VI. Violation – Penalty

13.10.340 Penalty.

(A) Any person who violates any provision of this chapter shall be subject to a fine of not less than $100.00 nor more than $2,500 for each violation unless a fine is specified otherwise.

(B) Additionally, any person who violates this chapter shall be subject to costs, expenses, attorneys’ fees, damages, and remedies as allowed by law.

(Ord. 05-13-005 § 1, 6/4/2013)

Code reviser’s note: Ordinance 05-13-005 adopts these provisions based on Chapter 13.05 of the Evansville Municipal Code (EMC). Vanderburgh County does not have a sewer utility, but is required to adopt a local sewer use ordinance under the Inter-Local Agreement with the Water and Sewer Utility of the City of Evansville (EWSU). Throughout this chapter, references to the “City” should be interpreted as referring to Vanderburgh County unless otherwise indicated. Any changes or amendments made to Chapter 13.05 EMC shall be applicable to the County.

Code reviser’s note: For applicable provisions within the Vanderburgh County Code, please consult the County.