§ 15-119.1. User fees.

(a)

Service charge. Commencing on the billing date for the month following payment of a plant investment fee, a monthly user fee shall be paid for each ERT. The monthly user fee shall be charged regardless of whether the connection has been made or whether the building sewer is being utilized, unless a seasonal rate has been permitted. Payment will be required for unoccupied dwellings, businesses shut down or temporarily idle, vacant mobile home spaces, and all other permitted ERTs. Failure to pay said service charge within 90 days will be grounds for revocation of the privilege to utilize the sewer system of the town and all PIFs paid will be subject to forfeiture.

(b)

Rates. The town shall establish a monthly service charge or user fee per ERT. The amount of such charge may be changed periodically by ordinance of the board. The town further reserves the right to require installation of a water meter and a metered rate for any user.

(c)

Billing. The town shall bill all users on a monthly basis. All bills shall be payable by the due date established by the board which may be periodically changed. Any charge not paid within 30 days of the due date shall be charged a delinquency fee equal to ten percent of the amount of the monthly charge or $15.00, whichever is less.

(d)

Expanded use. From and after the date any owner expands the ERT use on property already served by sewer connection (see subsection 15-119(e)), the owner shall to pay the town the service charge for the expanded ERTs together with interest at 12 percent per annum from the date of first use.

(e)

Surcharge. The town may assess a surcharge rate on any users reasonably suspected of discharging wastes having a flow or BOD ₅ or TSS concentration greater than that represented by the number of ERTs purchased by that user. The town may compel any owner to install sealed water meters on all of the owner's water sources at owner's expense to meter flows for the purpose of enacting a surcharge. The surcharge shall be calculated as follows:

(1)

For a flow in excess of 250 gallons per day per ERT, a surcharge at a rate established by the board per 1,000 gallons of excess flow per month.

(2)

For BOD ₅ or TSS, a surcharge at a rate established by the board for each 50 ppm in excess of 250 ppm.

(f)

Collection. Any payment due to the town shall be a perpetual lien on the property to which the charge applies and shall be the personal responsibility of all owners of the property until paid. All delinquent amounts except monthly user fees shall bear interest at the rate of one percent per month until paid. Delinquent amounts may be collected by civil suit and/or foreclosure of the lien against the property and the owners. Town shall be entitled to collect all reasonable costs of collection, including court costs and reasonable attorney fees.

(Ord. No. 329, § 15-1010, 12-18-07)