Mishawaka Utilities

• Sewer Rates and Charges •

CONNECTION, PERMIT & INSPECTION FEES | SEWER INSURANCE FUND AND CHARGES

SECTION 50.080 City's Right To Determine Billing Method

The City reserves the right to bill residential, commercial and industrial users for their wastewater discharge on the basis of their actual wastewater flow volumes, as opposed to sewage rates based on water usage. This method of assessment, if employed, will be equivalent to the existing sewage rate structure.

SECTION 50.081 Applicability of Fees and Sewer Charges.

For the use of and the service rendered by the sewage disposal works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate, or building that is connected with the City's sanitary sewerage system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids either directly or indirectly into the sanitary sewage system or the City. The rates and charges shall be payable as hereinafter provided and shall be in an amount determinable as provided in this Chapter.

SECTION 50.082 Rates Based on Water Usage, Strength of Discharge

(A) The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to the rates and charges, as the same is measured by the water meter there in use, except as herein otherwise provided. Water meters and/or remote read heads shall be read once each month (or a period equaling one month), and sewage service bills shall be rendered once each month (or a period equaling one month).

(B) In order that the rates and charges may be justly and equitably adjusted to the service rendered, the City shall have the right to base its charges not only on volume but also on the strength and character of the wastewater which it is required to treat and wastes it is required to dispose of. The City shall have the right to measure and determine the strength and content of all wastewater discharged, either directly or indirectly, into the POTW, in such manner and by such method as it may deem practicable in the light of the conditions and attending circumstances of the case, in order to determine the proper charge.

(C) If the character of the wastewater of any user as determined by the Superintendent shall be such as to impose a burden upon the POTW, then an additional charge or surcharge as determined by the Authority shall be charged such user over and above the regular service charge, or the Superintendent shall require that such wastewater be treated by the user responsible before being emptied into the system. If necessary to protect the system, or any part thereof, the Superintendent shall deny the right of the user to empty such wastewater into the system. (Surcharges required by this Section shall be computed as the pro-rated share of the annual cost of the operation and maintenance, including replacement attributable to treating a substance multiplied by the ratio of the weight of the surchargeable excess of the discharged substances to the total weight of such substances that is treated in that year).

(D) The surcharges to be charged for the treatment of extra strength sewage shall be determined by the following table. The surcharge shall become effective should the concentration of Carbonaceous BOD5 (Biochemical Oxygen Demand), TSS (Total Suspended Solids), P (Phosphorus) or N-NH3 (Ammonia Nitrogen) exceed the concentrations listed in § 50.063(H) of this Chapter. The surcharge shall be charged for each pound of the particular pollutant in excess of these concentrations:

Pollutant Surcharge	$/Pound Excess
cBOD5	$ 0.252/lb.
TSS	$ 0.216/lb.
P	$ 1.512/lb.
N-NH3	$ 0.732/lb.

(E) To determine the strength of the wastewater, grab or composite sampling and analysis may be made by the Authority; billing adjustments with respect to the corresponding surcharges will then also be made.

(F) The determination of suspended solids, five day Carbonaceous Biochemical Oxygen Demand, Phosphorus and Ammonia Nitrogen contained in the wastewater shall be in accordance with the procedure set forth in 40 CFR 136 "Guidelines Establishing Test Procedures for the Analysis of Pollutants".

SECTION 50.083 Schedule of Rates: Mishawaka Wastewater Utility

(A) Rates. The water usage schedule on which the amount of rates and charges based on volume shall be determined and shall be as follows for the Mishawaka Wastewater Utility:

(1) For each 100 cubic feet of water used not exceeding 2,666 cubic feet per month, or period of time equaling one month, at the rate of $2.21 per 100 cubic feet.

(2) For each 100 cubic feet of water used in excess of 2,666 cubic feet and not exceeding 6,666 cubic feet per month, or period of time equaling one month, at the rate of $1.60 per 100 cubic feet.

(3) For each 100 cubic feet of water used in excess of 6,666 cubic feet per month, or period of time equaling one month, at the rate of $1.26 per 100 cubic feet.

(B) Minimum Charge. Notwithstanding the provisions of division (A), above, the minimum charge for any service where the user is a metered water customer shall be based on the size of the customer’s water meter, and shall be as follows:

Water Meter	Rate Per Month
5/8-3/4 inch	$ 11.05
1 inch	26.70
1 1/2 inch	53.35
2 inch	71.05
3 inch	133.45
4 inch	266.30
6 inch	355.00
8 inch	665.70
10 inch	754.80

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

(D) The minimum charge for any service where the user is not a metered water customer shall be estimated and determined by means and methods satisfactory to the Authority.

SECTION 50.084 Schedule of Rates: Mishawaka-Clay Wastewater Utility

(A) Rates. The water usage schedule on which the amount of rates and charges based on volume shall be determined and shall be as follows for the Mishawaka-Clay Wastewater Utility:

(1) For each 100 cubic feet of water used not exceeding 750 cubic feet per month, or period of time equaling one month, at the rate of $3.48 per 100 cubic feet.

(2) For each 100 cubic feet of water used in excess of 750 cubic feet and not exceeding 2,000 cubic feet per month, or period of time equaling one month, at the rate of $3.263 per 100 cubic feet.

(3) For each 100 cubic feet of water used in excess of 2,000 cubic feet and not exceeding 4,000 cubic feet per month, or period of time equaling one month, at the rate of $3.043 per 100 cubic feet.

(4) For each 100 cubic feet of water used in excess of 4,000 cubic feet per month, or period of time equaling one month, at the rate of $2.827 per 100 cubic feet.

(B) Minimum Charge. Notwithstanding the provisions of division (A), above, the minimum charge for any service where the user is a metered water customer shall be based on the size of the customer’s water meter, and shall be as follows:

Water Meter	Rate Per Month
3/4 - 1 inch	$ 29.95
1 1/4 inch	53.35
1 1/2 inch	66.40
2 inch	117.00
3 inch	292.50
4 inch	555.80
6 inch	1250.85
8 inch	2251.20
10 inch	3487.50

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

(D) The minimum charge for any service where the user is not a metered water customer shall be estimated and determined by means and methods satisfactory to the Authority.

(E) Systems Charge.

(1) Commercial customers (using a 1" or larger water service) shall be charged a system charge in an amount equal to fifty (50) percent of each monthly billing for each service for a period of seventy-two (72) consecutive months. Non-commercial and all other customers (except schools) shall be charged an amount equal to twenty-five (25) percent of the monthly flat rates for their class of services for a period of seventy-two (72) consecutive months.

(2) Said monthly bills and flat rates for the purpose of computing "Systems Charge" shall be determined by the rates established herein. The appropriate rate used at the beginning of a seventy-two (72) month period shall not be altered during such period. In lieu of monthly payments as aforesaid, the commercial customer shall be permitted to pay a lump sum equal to 5/6 of the total estimated time payments, which shall be construed as a commuted present value of the commercial customer’s Systems Charge projected over six (6) years, at the applicable percentage, upon City’s estimate of the commercial customer’s future usage. The commuted payment shall be recalculated after the commercial customer has completed twelve (12) full months’ of usage and a refund or supplemental payment shall be made to adjust the estimated commuted payment. Non-Commercial and all other customers shall have the same privilege of commuting their Systems Charge, but the same will be based on the flat rates for their class of service and thus no adjustments will be required.

SECTION 50.085 Non-Recurring Charges

(A) Dishonored Negotiable Instrument Charge - $20.00

(B) Late Payment Penalty - 10% of current month balance

(C) Credit Agreement Fee - 10% of arrears amount or $20, whichever is less

(D) Deposit (sewer-only customers) - 2 months' normal bill per service location

SECTION 50.086 Exemption for Lawn-Sprinkling

(A) In order that there be no charge to residential water customers for water used in lawn sprinkling during the peak watering months of May, June, July, August, September and October, the customer's average water meter readings for the months of January, February, March, and April of each year shall be substituted for the readings for the months of May, June, July, August, September and October of the same year for purposes of calculating the wastewater charges. This summer rule shall not apply to customers who meter their lawn sprinkling water separately.

(B) In the event a customer’s water bill is adjusted as the result of a faulty water meter or a slowed or stopped remote reading head, the Authority shall adjust the customer’s wastewater bill due accordingly. Unless the Authority or the customer can determine the exact time period covered by faulty meters or remote reading heads, the assumption shall be that half the customer’s water has been consumed during "summer rule" period(s) as described in this Section. As such, in the event an adjusted consumption amount is added to the customer’s water bill, then half that consumption volume shall be adjusted on the customer’s wastewater bill, after first considering any sub-minimum consumption months. This methodology shall be used consistently, regardless of the time of year when the discrepancy is discovered.

SECTION 50.087 Adjustments for Fire Protection Use

Where a metered water supply is used for fire protection as well as for other uses, the Authority may, in its discretion, make adjustments in the minimum charge and in the use charge as may be equitable.

SECTION 50.088 Charges in Absence of Meter; Installation of Meter

In the event a lot, parcel or real estate, or building discharging sanitary sewage, industrial wastes, water, or other liquids into the City's sanitary sewage system, either directly or indirectly:

(A) Is not a user of water supplied by the City's water works, and the water used thereon or therein is not measured by a water meter; or

(B) Is measured by a water meter not acceptable to the City; or

(C) Is a user of water supplied by the City’s water works and in addition, uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the Authority,

then the water used shall be otherwise measured or determined by the Authority, in order to ascertain the rates and charges provided in this subchapter. Or, the owner or other interested party, at his expense, may install and maintain a meter acceptable to the Authority for that purpose.

SECTION 50.089 Portion of Water Not Entering Sewage System

(A) In the event a lot, parcel or real estate, or building discharging sanitary sewage, industrial wastes, water or liquids into the City's sanitary sewage system, either directly or indirectly, uses water in excess of 1,000 cubic feet per month, and it can be shown, to the satisfaction of the Authority, that a portion of the water as measured by the water meter does not and cannot enter the sanitary sewage system, the Authority may determine in such manner and by such method as it may deem practicable, the percentage of metered water entering the sanitary sewage system. The percentage, when so determined, shall then constitute the basis of sewage service (wastewater) charge.

(B) However, the Authority may, at its discretion, require or permit the installation of additional meters at the expense of the owner or other interested party in such a manner as to determine the quantity of water actually entering the sewage system, in which case the quantity of water used to determine the sewage service charge shall be the quantity of water actually entering the sanitary sewage system as so determined.

(C) Plans for installation of additional meters pursuant to Subsection B, above, including meter types, must be approved by the Authority in advance of installation. The Authority shall charge $50.00 per meter to inspect the metering system prior to initial activation. Additionally, the Authority shall charge a monthly service fee of $35 per meter during each month of activation. The charge to reinstate meter activation shall be $50 per meter.

(D) Any costs associated with maintenance, adjustment, repair or replacement of such metering devices shall be the responsibility of the customer. As it is in the best interest of both the customer and the Authority to ensure continued accuracy of such metering devices, an annual inspection shall be conducted on each meter by an independent testing firm selected by the Authority. The costs for such annual inspections and any subsequent maintenance, adjustment, repair or replacement of such metering devices shall be the responsibility of the customer.

SECTION 50.090 City Subject to Prevailing Rates

For services rendered to the City, the City shall be subject to the same rates and charges herein provided, or to rates and charges established in harmony therewith.

SECTION 50.091 Tenants, Owners Responsible for Payment

(A) Rates and charges may be billed to a tenant occupying the properties served, unless otherwise requested in writing by the owner, but such billings shall in no way relieve the owner from liability in the event payment is not made as herein required.

(B) The owner of tenant-occupied properties shall have the right to examine the collection records of the City for the purpose of determining whether the rates and charges have been paid by the tenants, provided that such examination shall be made at the office at which the records are kept and during the hours the office is open for business.

SECTION 50.092 Rates to Users Outside City Limits

The rates and charges fixed herein shall apply to lots, parcels of real estate, and buildings located within the City Limits of the City of Mishawaka (Section 904) or within the area comprising the former franchise area of Clay Utilities (§ 50.084). For service rendered by the City’s sewage disposal works to lots, parcels of real estate, or buildings located outside the areas served by §§ 50.083 and 50.084, the rates and charges, including minimum charge, shall be 150% of those rates and charges established herein in § 50.083 and fees herein established in §§ 50.100 and 50.101, and all other provisions herein set out shall be applicable to such users.

SECTION 50.093 When Rates Become Effective

Except as herein otherwise provided, the rates and charges fixed by this subchapter shall become effective at the time sewage is first directed to the sewage plant for treatment from the user. These rates and charges shall be extended to and cover any additional premises thereafter served, without the necessity of any hearing or notice. If a sewer user is discovered to have existed for more than one year prior to the date of discovery by the Authority, the user shall be billed the appropriate monthly minimum for an amount up to the equivalent of one year’s minimum.

SECTION 50.094 Collection of Rates

(A) The rates and charges made to the City pursuant to this Chapter shall be computed and billed by the Authority, and shall be collected in the manner provided by law and Ordinance. The first billing may be for a period of more or less than one full month in order to make the monthly collection period correspond with the water meter readings of the Authority.

(B) The rates and charges established by this Chapter shall be collected by the Authority. The Authority shall make and enforce such bylaws and regulations as may be deemed necessary for the safe, economical, and efficient management of the City's sewage system, regulator chambers, pumping stations, and sewage treatment works, for the construction and use of house sewers and connections to the sewage system, and for the regulation, collection, rebating, and refunding of related rates and charges.

(C) The Authority shall require a service deposit from sewer-only customers to guarantee payment of bills from the Customer at any time prior to or after the commencement of service. Such initial service deposit shall normally be an amount equal to one-sixth (1/6) of the expected annual billings for the Customer at the address at which sewer service is rendered. The Authority may provide the Customer with two (2) monthly billing cycles (approximately sixty (60) days) in which to pay any sewer-only deposit which exceeds seventy dollars ($70.00).

(D) Service deposits shall bear simple interest, at the rate of five percent (5%) per annum, from the date of deposit until service is discontinued and the Authority makes a refund of such deposit. The interest will be credited on the next bill for service after January first of each year, or later, at the option of the Authority. The deposit, less any amount owed to the Authority for service, will be refunded when service is discontinued.

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