UTILITY ORDINANCE
 
OF THE
 
TOWN OF BUNKER HILL

Amendment 6, Ordinance 4, 2003

AMENDMENT   6   ORDINANCE   4   , 2003

ORDINANCE 4, 2003 KNOWN AS THE UTILITY ORDINANCE OF THE TOWN OF BUNKER HILL, IS AMENDED TO READ AS FOLLOWS.

WHEREAS, THE TOWN OF BUNKER HILL HAS A RESPONSIBILITY FOR THE HEALTH AND WELL-BEING OF ITS RESIDENTS; AND

WHEREAS, THE TOWN OF BUNKER HILL BELIEVES TT TO BE IN THE BEST INTEREST OF THE RESIDENTS OF THE TOWN TO ESTABLISH A UTILITY DEPARTMENT WITHIN THE SAID TOWN; AND

WHEREAS, TO OPERATE A UTILITY IN A BUSINESSLIKE MANNER AND PROVIDE ITS CUSTOMERS THE BEST SERVICE AT THE LOWEST RATES POSSIBLE, CERTAIN STANDARDS MUST BE OBSERVED; AND

THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL, THE FOLLOWING RULES, REGULATIONS, STANDARDS AND PROCEDURES WILL BE OBSERVED IN THE OPERATION OF THE UTILITY DEPARTMENT OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA.
 

ARTICLE I. GENERAL.

1. USE OF UTILITIES.
   1. All residences, buildings or properties used for human occupancy, employment, business, recreational or other purposes, situated within the corporate limits and abutting on any street, alley or right-of-way shall be connected to the services of the Bunker Hill Utilities unless an exception is granted in writing by the Bunker Hill Town Council.
       
   2. Residences, buildings or properties used for human occupancy, employment, business, recreation or other purposes, outside the corporate limits of the Town of Bunker Hill may be connected to services of the Bunker Hill Utilities if a water main or sanitary sewer line is within one hundred fifty (150) feet of the building.
       
2. UNLAWFUL DEPOSIT OF OBJECTIONABLE WASTE. It shall be unlawful for any person, firm or corporation to place, deposit or permit to be deposited in any unsanitary manner, on the public or private property within the town, any human or animal excrement, garbage or other objectionable wastes.
    
3. GENERAL PENALTY. Any person, firm or corporation who violates any provision of this ordinance for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500.00. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. IC 36-1-3-8(a)(10)

ARTICLE II. WATER UTILITY.

1. JURISDICTION. The town water utility is hereby removed from the jurisdiction of The Indiana Utility Regulatory Commission for approval of rates and charges and of the issuance of stocks, bonds, notes or other evidence of indebtedness. (Ordinance 3, 1991).
    
2. APPLICATION FOR WATER SERVICE. All applications for new water service shall be made to the Town Clerk/Treasurer.
    
3. WATER TAPS. All taps for water service in the mains of the waterworks system shall be made under the direct authority and supervision of the Waterworks Superintendent.
    
4. TEMPORARY USERS. Temporary users such as contractors, street fairs, carnivals and the like, shall be required to make advance payments in the amount of water estimated to be required by the Superintendent.
    
5. TAKING WATER FROM HYDRANTS. No person shall take water from any fire hydrant except for fire purposes, except upon authority of the Superintendent.
    
6. INSTALLATION OF WATER METERS. All water meters shall be installed outside in tiles or inside consumers' premises in the location and manner selected by the Superintendent. Any refusal of a prospective user to agree to the meter location and/or installation to serve the best interest of the Town, shall at the option of the Town Council, be sufficient reason to refuse water service until such requirements are met. All multi-family residences excluding duplex's shall be on a single meter.
    
7. METER READINGS. The reading of water meters shall be done on a monthly basis. Readings shall be done on the same day of the month unless that day falls on a weekend. If reading day falls on a Saturday, the reading shall be done on the Friday prior, if the reading day falls on a Sunday, the readings shall be done on Monday next. Estimated readings shall be used only as a last resort.
    
8. RIGHT TO INSPECT. A waterworks representative shall have the right to inspect at any reasonable time, all service piping and water appurtenances inside a consumers premises.
    
9. WATER TURN OFF AND ON. Water shall be turned off or on at the curb cock in front of the meter only by a waterworks employee.
    
10. ONE TIME CHARGES. Prior to water service being activated to a residence, business or industrial location a deposit fee and a connection fee must be paid to the Clerk/Treasurer at least seven (7) days prior to the connection date requested. Any time water service is disrupted for any reason other than repair of lines, a reconnect fee is required prior to turn on.
     
    1. Deposit fee is $100.00.
    2. Reconnect Fee is $25.00.
    3. Connection Fee for up to 3/4 inch meter is $750.00. For over 3/4 inches, fee will be the cost of installation.
        
11. MONTHLY RATES OF METERED WATER CONSUMPTION.
     

    First 2,500 gallons	$ 9.00 per 1,000 gallons.
    Next 2,500 gallons	7.50 per 1,000 gallons.
    Next 5,000 gallons	6.90 per 1,000 gallons.
    Next 10,000 gallons	6.25 per 1,000 gallons.
    Over 20,000 gallons	5.00 per 1,000 gallons.

    
     
12. MINIMUM MONTHLY CHARGES BY METER SIZE.
     

    METER SIZE	MINIMUM GALLONS	MINIMUM CHARGE
    5/8 TO 3/4 inch	2,500	$ 22.50
    1 inch	5,000	42.00
    1 1/ 2 inch	7,500	59.00
    2 inches	10,000	75.00
    3 inches	20,000	139.00

    
     
13. MONTHLY MINIMUM CHARGE @ 2,500 GALLONS.
     

    Water	$22.50
    Sales Tax @ 6%	1.35

    
     
14. WATER BILL ADJUSTMENTS. Generally speaking, what happens to the water after it leaves the meter is the responsibility of the customer. At times however, through no ones fault, leaks do develop that are not detectable until receipt of the water bill and therefore it is only fair that an adjustment be made. The following procedure will be used to determine a leak adjustment.
     
    1. Customer will be informed of a dramatic increase of water usage
        
    2. Within seven (7) working days, the customer shall reply that a leak does or does not exist, when the repairs are anticipated to be completed. The Utility Department will then be notified upon completion of repairs.
        
    3. No adjustments to the water bill will be made of a leak that was of a visible or easily determined problem. Below are some examples of what will and will not be eligible for adjustment. This is by no means a complete list, the customer has the responsibility for leaks that are preventable and adjustments will be made to the others.
        

       ITEM	WATER	SEWAGE
       Leak in buried piping.	Yes	Yes
       Leak in basement.	No	Yes
       Leak in crawl space of home.	Yes	Yes
       Leak under skirting of mobile home.	Yes	Yes
       Water left running to prevent pipe freeze-up.	No	No
       Kids left hose running in yard.	No	Yes
       Leaking faucet or commode.	No	No

       
       
    4. If an adjustment is in order, the Clerk/Treasurers office will determine a period of previous usage that were reasonably consistent over a period of four (4) months to determine an average usage. The average usage will be subtracted from the usage during the month(s) the leak existed and the difference will then constitute the number of gallons of the adjustment.
        
15. DAMAGE TO METERED WATER SYSTEM COMPONENTS. Customers shall be held responsible for damage and/or destruction to the metered water system components due to negligence, disregard or accidental damage. Customer will be billed for any repairs, parts and labor, necessary to put the system back in working order, this does not include normal battery replacement or other components that fail through normal wear and tear. Failure to pay for damages will be considered a delinquency and handled in accordance with Article VIII of this ordinance.

ARTICLE III. DEFINITIONS For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BIOCHEMICAL OXYGEN DEMAND (BOD) The quality of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees C, expressed in parts per million by weight.

BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall.

BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.

COMBINED SEWER. A sewer receiving both surface runoff and sewage.

GARBAGE. Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

INDUSTRIAL WASTES. The liquid wastes from industrial processes as distinct from sanitary sewage.

INSPECTOR. Any person(s) duly authorized by the town to inspect and approve the installation of building sewers and their connection to the public sewer system.

MAY. This term is permissive.

NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground waters and any public or private channel, watercourse, open or tile ditch or sewer which does not pass through or have direct outlet to the town sewage treatment plant as a part of the town sewage works.

OWNER. The record owner of the property according to the assessment or transfer records in the office of the Auditor of Miami County, Indiana, and includes any one or more legal owners of an interest in the property where such records are not current or correct, and evidence of such facts are known or ascertainable; and includes the equitable owner under any contract or agreement to purchase such property where evidence of such fact is known or ascertainable.

PERSON. Any individual, firm, company, association, society, corporation or group.

pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PROPERLY SHREDDED GARBAGE. The wastes from preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inches in any dimension.

PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

SANITARY SEWERS. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

SEWAGE. A combination of water carried wastes from residences, business buildings, institutions and industrial establishments, or any structure or facility what so ever, together with such ground, surface and storm waters as may be present.

SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.

SHALL. This term is mandatory.

STORM SEWER or STORM DRAIN. A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

SUPERINTENDENT. The Superintendent of the municipal water/sewage works of the Town of Bunker Hill, or his authorized deputy, agent or representative.

SUSPENDED SOLIDS. Solids that either float on the surface of, or in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.

ARTICLE IV. SEWAGE DISPOSAL WHERE PUBLIC SEWER UNAVAILABLE.

1. Where a public sewer is not available under Article V, the owner of any house, building or property used for human occupancy, employment, business, recreation or other purpose, situated within the town shall connect all drains thereon to a private sewage disposal system, complying with the provisions of this Article.
    
   1. It shall be unlawful for any person to discharge or permit to be discharged in any natural outlet within the town, or under the jurisdiction of the town, any sewage.
       
   2. It shall be unlawful for any person to construct or maintain any septic tank, cesspool or other facility intended or used for disposal of sewage, except under the provisions of this section.
       
   3. It shall be unlawful for any person to hereafter construct, erect or install any privy, privy vault or other facility intended or used for the disposal of human or animal excrement or other objectionable waste.
       
   4. No private sewage disposal system shall be constructed or maintained except in compliance with all requirements and standards as to type, capacities, location, layout, construction, operation and care as prescribed and recommended by the Indiana Department of Environmental Management.
       
   5. No private sewage disposal system, including effluent there from, shall be permitted to discharge in any natural outlet.
       
   6. No private sewage disposal system shall be constructed by any owner or person without first obtaining a permit from the town. The application for for such permit shall be in writing upon a form to be provided by the town submitted to the Building Commissioner and shall include location, description and specifications of the proposed system, nature of the improvement to be served thereby, and such other information deemed necessary by the Building Commissioner. The Building Commissioner shall approve or reject such application as the proposed system conforms or fails to conform to the provisions of this section. Approval of such application shall permit construction and installation in accordance therewith. No permit for such system shall be issued until construction and installation is completed in accordance with the terms of this section and to the satisfaction of the Building Commissioner. The Building Commissioner shall be permitted to inspect the installation at any stage of construction and, in any event, the applicant for such permit shall notify the Building Commissioner when the work is ready for final inspection, and before any underground portions are covered. The Building Commissioner upon final inspection shall issue or refuse to issue such permit as such system conforms or fails to conform with the provisions of this section. A refusal to issue such permit shall be accompanied by written reasons therefore. Any owner feeling aggrieved by the action of the Building Commissioner, may appeal such action to the Bunker Hill Board of Zoning Appeals. The Board of Zoning Appeals may confirm, amend or reverse the action of the Building Commissioner in compliance with the provisions of this section.
       
   7. When a public sewer becomes available as provided in Article V, to a property not previously served, the drains of such property shall be connected to such sewer and all provisions of said Article V complied with, within ninety (90) days after date of official notice to do so, and the private sewage disposal system or other facility intended or used for disposal of sewage or human or animal excrement shall be forthwith abandoned and filed with clean bank-run gravel, dirt or other suitable material.
       
2. BUILDING SEWERS AND CONNECTIONS. No unauthorized person shall uncover, make any connection with, or opening or tap into, or use, alter or disturb any public sewer or appurtenance thereof, without first obtaining a written permit from the town. The application for such permit shall be in writing upon a form to be provided by the town and submitted to the Superintendent and shall include location, specifications, nature of the improvement to be served, and such other information deemed necessary by the Superintendent . A permit fee of $25.00 shall be paid to the Clerk/Treasure of the town upon application for the permit. The permit shall be issued after the Superintendent's final approval of the application and work thereunder in accordance with the provisions of this chapter.
    
   1. All installation and connection, and costs and expenses thereof, of the building sewer with the public sewer shall be the responsibility of the owner, and in accordance with the provisions of this chapter.
       
   2. A separate and independent building sewer shall be provided for every building; except where one stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear 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. Other exceptions will be granted only by special permission granted by the Superintendent.
       
   3. Old buildings sewers or portions thereof may be used in connection with new buildings only when found upon examination and test by the inspector to meet all requirements of this chapter.
       
   4. The building sewer shall be constructed of either vitrified clay sewer pipe and fittings meeting the current A.S.T.M. "Specifications for Standard or Extra Strength Clay Sewer Pipe," extra heavy cast iron soil pipe meeting the current A.S.T.M. specifications or the Department of Commerce commercials standards for extra heavy cast iron soil pipe and fittings or concrete sewer pipe and fittings meeting the current A.S.T.M. "Specifications for Standard or Extra Strength Sewer Pipe." If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that vitrified clay pipe or concrete pipe, may be accepted if laid on a suitable improved bed or cradle as approved by said inspector.
       
   5. All joints and connections shall be made gas and water tight. Vitrified clay sewer pipe shall be fitted with factory made resilient compression joints meeting the current A.S.T.M. "Specifications for Vitrified Clay Pipe Joints having Resilient Properties" (Designation C425). Concrete sewer pipe joints shall be made of rubber ring, flexible compression type, similar and equal to joint specified for vitrified clay pipe. The joints and connections shall conform to the manufacturers recommendations.
       
   6. The size and slope of the building sewers shall be subject to the approval of the said inspector, but in no event shall the diameter be less than six (6) inches. The slope of such six inch pipe shall not be less than one-eighth (1/8) inch per foot.
       
   7. Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three (3) feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the said Inspector. Pipe laying and backfill shall be performed in accordance with current A.S.T.M. specifications except that no backfill shall be placed until the work has been inspected by the Inspector or his representative.
       
   8. In all buildings in which any building drain is too 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.
       
   9. The connection of the building sewer into the public sewer shall be made at the "Y" branch or man hole designated for that property if such branch is available at a suitable location. Any connection not made at the designated "Y" branch in the main sewer shall be made only as directed by said Inspector
       
   10. The Applicant for the building sewer shall notify the inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Inspector or his representative and subject to his final approval.
        
   11. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, alleys, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the Town Building Commissioner. The owner shall be executor of such application for permit and agree to indemnify and save harmless, the town from any loss, damage, claims or actions that may directly or indirectly be occasioned by installation of the building sewer.
        
3. PROHIBITED DISCHARGES.
    
   1. It shall be unlawful for any person to discharge or permit to be discharged on or into any drain, sewer, ditch, waterway or public place within such town, any garbage, as raw sewage or sewage solids.
       
   2. It shall be unlawful for any person to allow the discharge of rain or groundwater to enter the sanitary sewer system. These discharges include sump pumps, footer and/or foundation drains and downspouts. These waters must be routed to storm sewers, drainage swale or other natural drainage areas. Residents shall have ninety (90) days from passage of this ordinance to check sump pumps, down spouts and any suspicious water hookups. At the expiration of said ninety (90) day grace period, any improper hookups discovered will subject the owner of said property to penalties stated in Article I. of this ordinance.
       
4. CONSTRUCTION REQUIREMENTS. It shall be unlawful for any person, occupant or owner, whether in or out of possession, to build, construct, install or reinstall upon any land, lot or improvement in the town, a sewage disposal system which does not include and utilize a septic tank disposal system conforming to the requirements of this Article, and further which does not include an effluent disposal system conforming to the requirements of this Article in those instances where septic tank effluent cannot be or is not discharged into a public drain, sewer or ditch.
    
5. SEPTIC TANKS. No septic tank or septic tank effluent disposal system shall be built, constructed, installed or reinstalled upon land or lot within the town by any person, occupant or owner, whether in or out of possession, that does not comply with all requirements and standards of the Indiana Department of Environmental Management. No septic tank shall be less than seven hundred fifty (750) gallon liquid capacity and all tile shall be standard sanitary sealed joint tile; and in no instance shall clay or field tile or concrete joints be used, except in a standard effluent disposal system.
    
6. PERMIT TO CONSTRUCT. No sewage disposal system shall be built, constructed, Installed or reinstalled upon any land or lot within the town by any person, occupant or owner, whether in or out of possession, without first obtaining a permit from the town that certifies such sewage disposal system conforms to the requirements of this Article. The application for a permit shall be made to the Clerk/Treasurer of the town and shall include location, description and specifications of the proposed system and the nature of the improvement which will be served thereby. Such application shall be referred to the Town Council Member in charge of utilities who upon examination and inspection and in consultation with the Waste Water Superintendent, shall approve or reject such application. If such application is approved the Clerk/Treasurer of the town shall issue such permit. If such application is rejected, said Council Member shall stipulate in writing their reason for rejection and whereby such proposed system may be made to conform to this Article. Any person feeling aggrieved by the action of the above parties, may appeal such action to the Town Council, in person or in writing, at any regular or special meeting thereof. The Town Council may confirm, amend or reverse the action of the above parties.
    
7. TAPS AND CONNECTIONS. No tap shall be made into any public sewer or drain, or connection or cut made for discharge into a public open ditch, for the draining or discharge of sewage of any nature in the town by any person for a sewage disposal system which does not conform to this Article and without first having obtained a permit as provided in Section F. of this Article.

ARTICLE V. PUBLIC SEWAGE UTILITY.

1. USE OF PUBLIC SEWERS. The owner of all homes, buildings or properties used for human occupancy, employment, business, recreation or other purposes, situated within the town and abutting on any street, alley or right-of-way in which is located a public sewer of the town within one hundred fifty (150) feet of the property line, is hereby required at their sole expense to install suitable toilet facilities and drains therein and to connect such facilities and drains by building sewers directly to such public sewer, in accordance with the provisions of this Article.
    
   1. Therefore, it shall be unlawful for any person to discharge or permit to be discharged in any natural outlet within the town, or under the jurisdiction of the town, any sewage.
       
   2. Therefore, it shall be unlawful for any person to construct or maintain any septic tank, cesspool, privy vault, privy or other facility intended or used for the disposal of sewage, human or animal excrement or other objectionable waste.
       
   3. It shall be unlawful to discharge or cause to be discharged any storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water or unpolluted industrial process waters to any public sewer, except when classified as combined or storm sewer.
       
   4. It shall be unlawful to discharge or cause to be discharged to any public sewer, any harmful waters or wastes, whether liquid, solid, or gas, capable of causing obstruction to the flow in sewers, damage or hazard to structures, equipment and personnel of the sewage works, or other interference with the proper operation of the sewage works.
       
   5. Grease, oil and sand interceptors shall be provided when, in the opinion of the Inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients except that such interceptors shall not be required for private living quarters or dwelling units. When installed they shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
       
   6. The admission into public sewers of any waters or waste having harmful or objectionable characteristics shall be subject to the review and approval of the Superintendent, who may prescribe limits on the strength and character of these waters or wastes. Where necessary, in the opinion of the Superintendent, the owner shall provide at his expense, such preliminary treatment as may be necessary to treat these wastes prior to discharge to the public sewer. Plans, specifications and any other pertinent information relating to proposed treatment facilities shall be submitted for approval of the said Superintendent and to the Indians Department of Environmental Management, and no construction of said facilities shall be commenced until said approval is obtained in writing. 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.
       
   7. When required by the Superintendent, the owner of any property served by a building sewer carrying industrial wastes, shall install and maintain at his expense, a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of wastes. All measurements, tests and analyses of the characteristics of waters and wastes shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage," and shall be determined at the control manhole or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected
       
2. PROTECTION FROM DAMAGE. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the municipal sewage works.
    
3. NOTICE OF VIOLATION. Any person found to be violating any provision of this Article, shall be served by the town 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.
    
4. LIABILITY. Any person violating the provisions of this Article, shall become liable to to the town for any expense or damage occasioned by the town by reason of such violation.
    
5. POWERS AND AUTHORITY OF INSPECTORS. The Superintendent, Inspector and other duly authorized employees of the town, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this ordinance.
    
6. APPLICATION FOR SEWER SERVICE. Application for sewer service shall be filed with the Clerk/Treasurer upon a form to be supplied by the town. The application shall state the name of the applicant and the premises to be served. The application for sewer service shall be issued and registered in the same name as the person in whom the town water service for such premises is registered in those instances where such premises are served by the town waterworks utility.
    
7. FAILURE TO MAKE APPLICATION FOR SEWER SERVICE; DELINQUENCY. No town water service shall be transferred or commenced until and unless the water service applicant makes application for sewer service as herein provided in those instances where the premises are serviced by both water and sewer service. The failure of a person to make application for sewer service within thirty (30) days after such sewer service commences shall be considered a delinquent sewer service charge for the amount of such deposit, subject to the same penalty, conditions and enforcement as provided for delinquent sewer service charges.
    
8. ONE TIME CHARGES. Prior to sewer services being activated to a residence, business or industrial location, a deposit fee and a connection fee must be paid to the Clerk/Treasurer at least seven (7) days prior to the connect date requested.
    

   1.	Deposit Fee is $75.00.
   2.	Connection fee:	5/8 to 3/4 inch meter	$ 750.00
   		1 inch meter	1,875.00
   		1 1/4 inch meter	3,000.00
   		1 1/2 inch meter	4,350.00
   		2 inch meter	7,500.00
   		Over 2 inch will be an equivalency ratio determined by the Town Council on an individual case basis.



9. MONTHLY FLOW RATE CHARGES.
    

   First    2,500 Gallons	$14.19 per 1,000 Gallons
   Next   2,500 Gallons	9.71 per 1,000 Gallons
   Next   5,000 Gallons	9.06 per 1,000 Gallons
   Next 10,000 Gallons	8.03 per 1,000 Gallons
   Next 20,000 Gallons	6.91 per 1,000 Gallons



10. MINIMUM MONTHLY CHARGES @ 2,500 Gallons.
     

    Water and sewer customers	$ 35.48
    Sewer only customers	54.90



11. SEWER BILL ADJUSTMENTS. Any water that would not be processed at the sewage plant may be adjusted. Water could be as a result of leaks or water that is used to fill a swimming pool. Customer does not have to be eligible for a water adjustment to be eligible for a sewage adjustment. Adjustments will be made in the same manner as in Article II, Paragraph O. Sections 3 and 4.
    Editor's Note:   The reference above should be to Article II, Paragraph N. Sections 3 and 4.

ARTICLE VI. GARBAGE, TRASH AND SOLID WASTE FEE. Each residence, each resident within a multi-family dwellings and businesses without outside contracts, shall pay a fee in the amount of $6.50 for the removal, collection and disposal of solid waste. This fee to include:

Editor's Note:   For more details on Garbage and Trash Pick-up, see Ordinance 9, 1998.

ARTICLE VII. BILLING. It is hereby made the duty of the Clerk/Treasurer of the town to render bills for water, sewer and garbage service and all other charges in connection with the operation of the town utilities and to collect all monies due therefrom.

1. ACCOUNTS AND RECORDS. The Clerk/Treasurer shall establish a proper system of accounts and shall keep proper records, books and accounts in which complete and correct entries shall be made of all transactions relative to the water, sewer and garbage service. The Town Council shall cause to be made audits by an independent auditing firm to the books showing receipts and disbursements at intervals of their choosing.
    
2. DISPOSITION OF FUNDS.
    
   1. All revenues and monies derived from the operation of the water and sewer systems shall be paid to and held by the Clerk/Treasurer, separate and apart from all other funds of the town. Said funds shall be deposited in separate funds designated "Water Fund Account" and "Sewage Fund Account" and said Clerk/Treasurer shall administer these funds in the manner set forth by Indiana State Statutes and Ordinances of the Town of Bunker Hill.
       
   2. All revenues and monies derived from the garbage, trash and solid waste fee shall be paid to the Clerk/Treasurer and said funds deposited into the "Town General Account" for the administration, operation and maintenance of the solid waste collection and disposal projects.
       
3. RETURNED CHECKS. A returned check charge of $25.00 will be charged against any check returned as non-sufficient funds.
    
4. LIABILITY. The owner of the premises served and the occupant/user of the water, sewage and garbage service shall be jointly and severally liable for said service. Deposits as outlined in Article II, Paragraph J; Article V, Paragraph H. shall be applied to any bill for service, any balance of such deposit shall be returned to the applicant without interest. Such deposits shall be deposited and administered in separate accounts as designated in Paragraph B., Section 1, above.
    
5. UNCLAIMED DEPOSIT FEES. Unclaimed deposit fees for water and sewage become the property of the Town of Bunker Hill upon expiration of time limits listed below, and shall be transferred to the respective cash operating fund.
    
   1. Sewage Deposits, seven (7) years.
       
   2. Water Deposits, three (3) years.

ARTICLE VIII. DELINQUENCY AND CUT-OFFS. Water, sewage and garbage rates as set forth in this ordinance, will be charged on a monthly basis with the bills being sent on or about the first of the month and overdue on or about the fifteenth at which time an overdue charge will be added. The following procedure will be followed from that point:

1. After thirty (30) days from the due date, a letter will be sent and service will be disconnected.
    
2. Any person requesting reconnection that previously had amounts written off as uncollectable shall also be required to remit the amount of the written off debt and any collection fees paid before service will be re-established.

ARTICLE IX. HARDSHIPS. If an established hardship can be determined by the Bunker Hill Town Council, from evidence presented by the petitioner, a payment schedule for delinquent utility payments may be established.

1. It shall be the responsibility of the petitioner to furnish all necessary financial data sufficient for the Town Council to make a determination of hardship.
    
2. Hardship must be of a temporary nature.
    
3. The following payment schedule is established for payment of delinquent utility bills. This payment is in addition to the current monthly billing of which both must be kept current or service will be disconnected and the account turned over for debt collection without further notice. Under no circumstances shall payment be less than twenty (20) dollars plus penalty or require a time period in excess of twelve (12) months to bring the account up to date.
    

   Delinquent Amount At Start		Minimum Monthly Payment
   Up to $ 100.00		$ 20.00 + Penalty
   $ 100.01 to $ 200.00		$ 25.00 + Penalty
   $ 200.01 to $ 300.00		$ 30.00 + Penalty
   $ 300.01 to $ 400.00		$ 34.00 + Penalty
   $ 400.01 to $ 500.00		$ 42.00 + Penalty
   $ 500.01 to $ 600.00		$ 50.00 + Penalty
   $ 600.01 to $ 700.00		$ 59.00 + Penalty
   $ 700.01 to $ 800.00		$ 67.00 + Penalty
   $ 800.01 to $ 900.00		$ 75.00 + Penalty
   $ 900.01 to $1,000.00		$ 84.00 + Penalty
   $ 1,000.01 and beyond		1/12 of Delinquency + Penalty

ARTICLE X. AUTHORITY OF ORDINANCE. Upon approval this ordinance shall supercede all previous ordinances, resolutions, rules, regulations and policy letters previously adopted on the subject of water, sewage and garbage services for the Town of Bunker Hill.

ARTICLE XI. APPROVAL

THIS ORDINANCE WAS DULY ADVERTISED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN BUNKER HILL, MIAMI COUNTY, INDIANA AFTER A PUBLIC HEARING ON THE   10   day of   APRIL   , 2007 AND IS EFFECTIVE UPON PASSAGE.

ATTEST:       Norman A. McBride       Norman A. McBride, Clerk/Treasurer		Leslie H. Briggs               Leslie H. Briggs, President   Byron Kosanke                Byron Kosanke, Member
		Marilyn S. Floyd             Marilyn Floyd, Member   Donald Jaberg                 Donald Jaberg, Member   Joan Smith                       Joan Smith, Member