Section 1

G:\Wastewater\Wastewater Policy\Ordinances and Policies\Current Policy & Policy

Sections\Current Guide to Wastewater Utility Policies.docx

City of Elkhart

Public Works and Utilities

1201 S. Nappanee St.

Elkhart, IN 46516

574 293-2572

www.elkhartindiana.org

December 2011

Elkhart Public Works and Utilities

Guide to Wastewater Utility Policies

     
 
Table of Contents 
Section 1.0  Definitions ............................................................................................. 1-1 
Section 2.0  General ................................................................................................. 2-1 
Section 3.0  Unauthorized Use of Utility Services ..................................................... 3-1 
Section 4.0  Staff Access to Utility Property.............................................................. 4-1 
Section 5.0  Establishing Service ............................................................................. 5-1 
Section 6.0  Billing .................................................................................................... 6-1 
Section 7.0  Meters ................................................................................................... 7-1 
Section 8.0  Discontinuance of Service .................................................................... 8-1 
Section 9.0  Permanent Disconnection ..................................................................... 9-1 
Section 10.0  Sewer Construction Standards ........................................................... 10-1 
Section 11.0  Sewer Assessment Charges .............................................................. 11-1 
Section 12.0  Residential Sewer Insurance and Backwater Valve Program ............. 12-1 
Section 13.0  Discharge of Special Wastes .............................................................. 13-1 
Section 14.0  Inter-local Agreement Wastewater Discharge Permits ....................... 14-1 
Section 15.0  Food Service Establishment Fats, Oil and Grease Program .............. 15-1 
Section 16.0  Sewer Laterals .................................................................................... 16-1 
Section 17.0   Autodialed Phone Calls and Automatic Text Messages to Customers 17-1 

Revised September 2021

1-1

Section 1.0 Definitions

Unless otherwise defined, the following terms, as used in these procedures, have

the following meaning:

1.1 Act or the Act means the Federal Water Pollution Control Act, also known as the

Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.

1.2 Approved means accepted by the Elkhart Water Utility or Board of Public Works

as meeting an applicable specification stated or cited in the regulation or as

suitable for the proposed use.

1.3 Backwater Valve means a check/flapper valve installed in the Sewer Lateral to

prevent the backflow of Wastewater into a building.

1.4 Board means the Board of Public Works of the City of Elkhart. It is the governing

body of the Publicly Owned Treatment Works.

1.5 Building Drain means, in plumbing, that part of the lowest horizontal piping within

a building or house that conducts water, Wastewater or Storm Water to a Sewer

Lateral.

1.6 City means the City of Elkhart, Indiana.

1.7 Commercial User means a source of Wastewater discharging to the POTW from

business establishments including, but not limited to, stores, markets, office

buildings, restaurants, shopping centers, and which is not an Industrial User as

defined in this Ordinance.

1.8 User, Consumer, Developer or Owner is the person, firm, company, corporation,

governmental unit, charitable or not-for-profit organization or association having

interest, whether legal or equitable, sole or only partial, either as tenant or owner,

in any property which is, or is to be, supplied with wastewater service, either

temporarily or permanently.

1.9 Director means the person responsible for supervising the operation of the

POTW, or that person’s duly authorized representatives. For purposes of these

policies, the Director is also the Control Authority.

1.10 Downspout means an exterior vertical drainage pipe for conveying Storm Water

from roof or gutter drains to either a Building Drain of Sewer Lateral

1.11 Easement means any rights to access land not owned or controlled by the City of

Elkhart that is established, acquired, dedicated or devoted to public utility

purposes, including the area above and below such easement.

Revised September 2021

1-2

1.12 Industrial User means a source of Industrial Waste discharging to the POTW.

1.13 Inspector means a person authorized by the Director to perform inspection and

monitoring duties to determine compliance with these policies.

1.14 May means that the act referred to is both permissible and approved.

1.15 Meter is a mechanical device used to measure and record the quantity of water

consumed or wastewater discharged by the User.

1.16 Person means any individual, partnership, corporation, association, trust, estate,

governmental entity, any other legal entity, or its legal representative, or assign.

1.17 Private Collector Sewer means a sewer that receives Wastewater from several

Sewer Laterals or other collector Sewers and conveys the Wastewater to a Public

Sewer.

1.18 Property Owner means the Person that is listed on the recorded deed.

1.19 Publicly Owned Treatment Works (POTW) means the treatment works owned by

the City of Elkhart. This definition includes any Sewers, pipes, and other

conveyances transporting Wastewater to the POTW treatment plant from within

and outside of the City limits.

1.20 Public Right of Way means any public street, way, place, alley, sidewalk, park,

square, median, parkway, boulevard or plaza that is dedicated to public use or is

maintained by the City.

1.21 Public Sewer means a Sewer owned and maintained by the City for the collection

of Wastewater.

1.22 Residential Property means a single-family dwelling unit or duplex dwelling unit

used primarily as a domicile for one or more persons.

1.23 Residential User means a source of Wastewater discharged to the POTW from a

premises used primarily as a domicile such as, a single-family dwelling, mobile

home, apartment or permanent multi-family dwelling.

1.24 Sewer Assessment means the charge to a property owner to enable the City of

Elkhart to recover the actual system-wide average current cost of construction of

the sanitary Sewer.

1.25 Sewer means a pipe or conduit, which carries Wastewater or drainage water.

1.26 Sewer Lateral means the horizontal piping that extends from the end of the

Building Drain to the Public Sewer or other place of disposal.

Revised September 2021

1-3

1.27 Sewer Lateral Stub means a connection to the sewer main and a short portion of

Sewer Lateral typically installed as part of a Public Sewer installation.

1.28 Shall means the act referred to is mandatory.

1.29 Storm Sewer means a Sewer designed to transport only storm or surface water

and that does not lead to a Treatment Plant.

1.30 Storm Water means water resulting from rain, melting or melted snow, hail or

sleet.

1.31 Storm Water Conveyance means any structural process used for transferring

Storm Water between at least two points including, but not limited to, Storm

Sewers, piping, ditches, swales, curbs, gutters, catch basins, channels, storm

drains and roadways.

1.32 User means a Person who discharges any pollutant, Wastewater or any other

substance into the POTW or storm water conveyance. The term User includes

both the owner and occupant of real estate that is the source of a discharge into

the POTW or Storm Water Conveyance.

1.33 Utility means the City of Elkhart’s Wastewater Utility.

1.34 Utility Easement means a right to land for public Utility purposes.

1.35 Wastewater means liquid or water-carried wastes from residential, industrial,

commercial, agricultural, or other sources.

1.36 Wet Weather Event means a period of rainfall or snowmelt.

2-1

Section 2.0 General

2.1 Jurisdiction

The Common Council, in conformance with the requirements of State

statute, has granted jurisdiction to the Board of Public Works to establish

reasonable rules, regulations, specifications and standards of Utility service.

The following rules, regulations, specifications, and standards shall

supersede any previous policies and are for the use of the Elkhart Wastewater

Utility when conducting business with Users of the Utility.

2.2 Conditions of Service

Prior to use of any service offered by the Utility, the User shall be

responsible for ensuring all past and present debt with the Water or Wastewater

Utility is paid in full.

2.3 Fees for Photocopying Documents

Fees for photocopying documents shall be as outlined in City Ordinance

No. 4823 as amended. All fees collected shall be forwarded to the City Controller

to be deposited in the appropriate Utility fund.

2.4 Appeals

Any disputes regarding the policies herein shall be appealed to the Board

of Public Works in writing.

3-1

Section 3.0 Unauthorized Use of Utility Services

Any unauthorized use of Utility services is a violation of the Utility policies, and the

Wastewater Utility Rate Ordinance, and the Wastewater Utility Administration Ordinance.

Any Person who is found to be using Utility services without the authorization of the

Utility may be subject to any applicable fines.

3.1 Any unauthorized User that wishes to continue service shall establish an account

with the Utility provided the following conditions are met:

3.1.1 All outstanding debt owed to the Water or Wastewater Utility shall be paid

in full, including, but not limited to:

(a) Past due balances on any previous Utility accounts; and

(b) Any charges owed to the Utility for the period of time that Utility

services were received without authorization. If the User has

previously had Utility service at the same location, the average

monthly usage for a period of one year shall be used to calculate the

amount to be charged per month. If the User has not had service

with the Utility the minimum bill shall be used to calculate the

amount to be charged per month.

3.1.2 The User shall be required to pay a deposit and a turn on fee as

established the Wastewater Utility Rate Ordinance.

3.2 In addition to any penalties and fines imposed upon the User as outlined in the

Wastewater Utility Administration Ordinance, the Utility reserves the right to seek

criminal charges.

4-1

Section 4.0 Staff Access to Utility Property

The Utility recommends that all permanent objects including, but not limited to,

landscape features, fences, and mailboxes not be located within a five foot radius of any

Utility structure or appurtenances. Objects that interfere or impede Utility staff access to

any Utility property or structure may need to be removed and will not be replaced by the

Utility.

Revised December 2015

5-1

Section 5.0 Establishing Service

5.1 Application for Service

5.1.1 Any residential, commercial or industrial User applying for Wastewater

service must furnish information as required by the Utility. The User shall

be required to provide a signed lease or proof of ownership document , a

valid government issued photo ID which includes, an identification number

such as a driver’s license number, taxpayer identification number or alien

identification number. A proof of ownership or lease document that has

been altered in any way will not be accepted. Property owners outside of

the City limits shall enter into a pre-annexation agreement, prior to turning

on service. A fee for the initial turn-on of service shall be applied to the

User’s first bill. (See the current Wastewater Utility Rate Ordinance.)

5.1.2 Applications shall be signed in person at the Utility Billing Office or signed

and notarized prior to submitting the application via the mail, fax, or email to

the Utility Billing Office.

5.1.3 An authorized representative of a corporation or a limited liability company

may be allowed to establish service. An authorized representative may be

the following:

(a) The president, secretary, treasurer, or a vice-president of the

corporation in charge of a principal business function, or any other

person who performs similar policy or decision-making functions for

the corporation; or

(b) The manager of one or more manufacturing, production, or

operating facilities, provided the manager is authorized to make

management decisions that govern the operation of the regulated

facility including having the explicit or implicit duty of making major

capital investment recommendations.

5.1.4 Payment of Outstanding Debt

(a) Owner-occupants and tenants that have any outstanding debt shall

be required to pay all accounts in full before establishing new

service or transferring service to a new location.

(b) Landlords and management companies that have outstanding debt

associated with the property where service is to be established shall

Revised December 2015

5-2

be required to pay that account in full before any Person may

establish new service at that property.

management company that has outstanding debt associated with

the property where service is to be transferred.

5.2 Deposit Required

The Utility requires a deposit for each Wastewater service in accordance

with the Wastewater Utility Rate Ordinance, except where the User has

established acceptable credit with the Utility. A portion of the Wastewater deposit

shall be paid when the User signs up for service. Any remaining balance may

appear as a charge on the User’s first two bills.

Such deposit shall remain with the Utility, without interest, for the time

service is to be supplied or until the User has established acceptable credit.

Acceptable credit shall mean timely payment of all charges for at least 10 out of

12 consecutive months.

The Utility may apply the User’s deposit to payment of water service or any

other charge. The deposit shall be applied to the final utility bill when service has

been terminated. Any outstanding balance shall be billed to the User. If the sewer

portion of the final utility bill remains unpaid, a lien may be filed against the

property. Any outstanding credit balance of $3.00 or more on User accounts that

have been finalized shall be automatically refunded via check and sent to the

most current address on file. Outstanding credit balances of $2.99 or less on User

accounts that have been finalized shall be refunded upon the request of the User.

The User shall request the refund from the Wastewater Utility within 60 days of

receipt of the final bill showing a credit.

5.3 Unclaimed Deposit

Pursuant to Indiana Code Section 36-9-23-28, a deposit becomes the

property of the Utility when it has remained unclaimed by the depositor for more

than seven years after the termination of the Sewer services for which the deposit

was made. Indiana Code Section 32-34-1, Lost or Unclaimed Personal Property,

does not apply to a deposit described in this subsection.

Revised December 2015

5-3

5.4 Transferring Deposit

When a User transfers service to a new account, the deposit on the old

account shall be applied to the final bill. A new wastewater deposit will be

charged on the first two bills for the new account. Any credit balance shall be

transferred to the new account. Any outstanding balance shall be billed to the

User.

Revised December 2015

6-1

Section 6.0 Billing

6.1 Every parcel of real estate that is connected to the POTW shall be billed in

accordance with the rates and charges as outlined in the Wastewater Utility Rate

Ordinance.

6.2 Payment of Bills

6.2.1 Charges for Wastewater service shall be due and payable on or before the

due dates shown on the bills. Any Wastewater charge not paid by the due

date shall be considered delinquent. The delinquent charge shall be 10%

of the current balance due and shall be added to the next billing statement.

Delinquent Wastewater charges, together with delinquent penalties, costs

and other expenses of collection, may be collected by any lawful remedy.

6.2.2 When a payment is received it is applied to the items on the bill in the

following order:

(a) All NSF fees

(b) Water service deposit - Delinquent and Current;

(d) Delinquent Water usage charges;

(e) Delinquent Wastewater volume charges;

(f) Delinquent miscellaneous water charges including, but not limited to

trip charges;

(g) Delinquent water contracts including, but not limited to water main

assessments and taps and taxes;

(h) Delinquent miscellaneous Wastewater charges including, but not

limited to trip charges;

(i) Delinquent Wastewater contracts including, but not limited to Sewer

Assessments and Sewer insurance, but not including compact

agreements;

(j) Delinquent Compact fees;

(k) Current water usage charges;

(l) Current miscellaneous water charges including, but not limited to trip

charges;

(m) Current Wastewater volume charges;

Revised December 2015

6-2

(n) Current miscellaneous Wastewater charges including, but not

limited to trip charges;

(o) Current water contracts including, but not limited to water main

assessments and taps and taxes;

(p) Current Wastewater contracts including, but not limited to Sewer

Assessments and Sewer insurance, but not including compact

agreements;

and

(q) Current Compact fees.

6.3 Responsibility for Payment

All charges follow the real estate rather than the User. If a User moves

from a premises where Wastewater service has been supplied, the User will be

held primarily responsible for the payment of all bills rendered for the service

supplied to said premises until proper notice has been given at the Billing Office

that service is to be discontinued at said premises. This attempt to collect from the

User does not waive the City’s rights to place a lien on the real estate for the

outstanding Wastewater portion of the utility bill.

6.4 Tenants may be Billed; Right of Owners to Examine Records.

The Wastewater charges shall be billed to the tenants occupying the

premises served, unless the property owner submits a written request for

alternative billing arrangements to the Director. Such billings shall in no way

relieve the property owner of liability in the event payment is not made as herein

required. The property owner may inquire and receive information as to whether

the Wastewater charges have been paid by such tenants.

6.5 Property -Owner shall be Billed

Wastewater only Utility accounts that are in the tenant’s name shall be put

into the property-owners name when the tenant moves from the Premises.

6.6 Billing Disputes

In the event there is a billing dispute, appeals must be made in writing to

the Utility Billing Office within 60 calendar days of the billing date and shall be

subject to approval by the Board of Public Works.

6.7 Delinquent Accounts

Revised December 2015

6-3

All delinquent Utility accounts may be subject to disconnection of the Water

Utility service. If the Customer has not contacted the Utility within five days after

the service disconnection, the account will be closed. Once the account is closed,

the User must pay all charges in full with cash and reapply for service. If another

Customer applies for service at the same service address, a copy of a lease and

photo identification must be provided.

6.8 Extended Payment Plans

A Customer may make arrangements with the Utility Billing Office to make

payments on delinquent balances. The User shall be required to pay his current

amount due plus a minimum of $25 each month, for a maximum of 10 months,

until his delinquent balance is paid. Payment on the delinquent balance and all

current charges is necessary to avoid disconnection.

If a Customer fails to uphold the agreement for extended payments, the

service shall be subject to disconnection. Any Customer that has failed to meet a

previous payment plan may not be eligible for future extended payment plans.

6.9 Credit on Sewer Bills

Requests for a credit on the sewer portion of the bill must be made in

writing to the Utility Billing Office within 60 calendar days of receiving notice and

shall be subject to approval by the Board of Public Works.

6.10 Unclaimed Sewer Fees

Wastewater funds that remain unclaimed by a Person for more than seven

years after the termination of Wastewater service for which the overpayment was

made becomes the property of the Utility.

6.11 Correction of User Overcharges and Undercharges

When a determination is made that a Customer’s active Utility account has

been overcharged or undercharged for Utility services by reason of inaccurate

metering, clerical errors, or other causes, the error shall be remedied as promptly

as possible. An adjustment shall be made for the dollar amount of the overcharge

or undercharge for the time period that the erroneous charges occurred. If no

determination can be made as to the exact date of the error, the adjustment shall

not exceed three years prior to the date that the Utility became aware of the error.

6.11.1 Refund for Overcharge

Revised December 2015

6-4

If the total amount of the overcharge is less than or equal to $100.00, the

Customer shall be credited for the amount of the overcharge. If the amount

of the overcharge is greater than $100.00, the overcharge amount may be

refunded directly to the User.

6.11.2 Collection of Undercharge

When a Customer has been undercharged, the Customer shall be promptly

notified of the cause and amount of the adjustment. The undercharged

amount may be added to the User's monthly Utility bill.

6.11.3 Exceptions

The previous sections shall not apply to situations in which deliberate or

intentional acts of the User, or anyone acting on behalf of or for the benefit

of the Customer, have resulted in an undercharge to the Customer for

Utility services, including but not limited to meter-tampering or illegal

connection. The Utility reserves all rights to collect the full amount of the

unpaid charges by any legal means.

6.12 Residential Sprinkler Credit

Residential Properties that have a single service with one meter are given

a six-month sprinkler credit determined in the following manner:

6.12.1 The actual volume of Wastewater discharged into the POTW during the

billing period as measured in accordance with the provisions in this Policy;

6.12.2 The highest volume of Wastewater discharged into the POTW as reflected

in the billings for the months of December in the previous year and January

and February in the current year.

6.13 Portion of Water Not Entering POTW

In the case of a Customer who can substantiate to the Utility that a portion

of water used did not and could not enter the POTW, the Board shall either

determine the portion of the measured water to be used in determining the

appropriate Wastewater charges, or approve the manner and technique of flow

measurement provided by the User for determining Wastewater discharged to the

POTW as described in Section 6.0 of the Wastewater Utility Policies. Facilities

utilized to accomplish this shall be installed and maintained in a serviceable

Revised December 2015

6-5

condition by the User at the User’s expense, but shall be under the exclusive

control of the Utility.

6.14 Private Wells or Water from Other Sources

In the event a Customer obtains water partially or wholly from sources

other than the City, the total water used shall be measured or determined as

follows:

6.14.1 The Wastewater discharged from all Residential Properties with City sewer

service, but not City water supply, shall be 900 cubic feet per month;

unless a meter is installed on the well at the request of either the User or

the Utility.

6.14.2 Industrial or Commercial Users that obtain water partially or wholly

from sources other than the City may be charged the minimum Sewer rate

which is based on 900 cubic feet per month. However, the Utility may

require the User to install a meter if any of the following criteria are met:

(a) The total number of employees at the site over a 24 hour period

exceeds 20.

(b) The process uses significant amounts of water, believed to regularly

exceed 900 cf per month.

reasonable potential to exceed 900 cubic feet per month.

6.14.3 Inspection of Wells

The Director, Inspector or any other Utility employee may enter upon

private property for the purpose of determining the existence of private

wells, to oversee or to direct the installation of metering or timing devices,

and to read such meters and devices.

6.15 Temporary Suspension of Billing

Billing may be temporarily suspended for sewer only accounts where

sewer service has been rendered unusable. Utility staff shall verify the status of

the service prior to suspending billing.

6.16 Other Charges

All other charges or fees assessed by the Utility will be charged in

accordance with the Wastewater Utility Rate Ordinance.

6-6

ELKHART PUBLIC WORKS & UTILITIES

1201 S. Nappanee Street

Elkhart, IN 46516

Ph. 574-293-2572

Fax # 574-293-7658

Request for Credit on Sewer Charges

Name: _______________________________________ Date: _______________

Account number: __________________________________________

Monthly bill(s) request is for: ____________________________________________________

(Do not send a copy)

Address: _____________________________________________________________________

Phone number(s):______________________________________________________________

Reason for request: ____________________________________________________________

______________________________________________________________________________

Please fill out this form completely.

____________________________________ ______________

Authorized by Pubic Works Date

Revised September 2019

6-1

Section 7.0 Meters

7.1 The Wastewater rates and charges shall be based on the quantity of water used

or Wastewater discharged as measured by a Utility approved meter used on or in

the premises.

7.2 Single Meter Serving More than One User

In the event two or more premises discharge Wastewater into the POTW,

and are served by a single meter, the account shall be established and remain in

the property owner’s name.

7.3 Meters Installed to Quantify Effluent Flow

All industrial and commercial Users may be required use a water meter,

discharge meter, or a water meter in combination with a subtract meter to

determine the flow of wastewater entering the POTW for the purpose of billing.

This may include but is not limited to:

Subtract meters Irrigation meters

Influent process meters Domestic meters

Effluent process meters Well water meters

Sewer consumption meter

7.3.1 It is the responsibility of the User, not the Utility, to ensure that the

proposed type of meter selected is appropriate to their specific application.

The Utility shall approve all new and replacement meters and their

configuration prior to installation. In the event there is a dispute regarding

meters used to quantify effluent flow, the User may appeal in writing to the

Board.

7.3.3 Industrial meters not of Utility approval shall be subject to mandatory

replacement upon failure. New meters and meter configurations not

approved by the Utility shall also be subject to mandatory replacement.

7.3.4 The User shall pay for any required metering device and it shall remain the

property and responsibility of the User. The meter shall be subject to the

same rules and regulations which govern the meters of the Utility.

7.3.5 All new meters, including replacement meters, shall be required to read in

gallons.

Revised September 2019

7-2

7.4 Mandatory Meter Testing

All meter testing and calibration results and methods must be submitted to

the Utility. The costs of mandatory testing and calibration are the responsibility of

the User. All non-residential water meters greater than 2” shall be tested and

calibrated every 4 years in accordance with American Water Works Association

M6 schedule. All other meters shall be tested and calibrated according to the

manufacturer’s specifications, but not less than every four years.

7.5 Utility Request

The Utility may require that a User’s meter be tested if it suspects that the

meter is not registering accurately. If the meter is registering outside the

acceptable limits, a billing adjustment shall be made for the difference during the

time of the malfunction up to a period of one year. If a meter is found not to

If a meter is found to be reading within the accuracy limits the Utility will

pay for the cost of the test.

7.6 Documentation

The User must supply the following to the Utility unless otherwise specified

by the Director:

7.6.1 Manufacturer’s specifications indicating use restrictions, operating

environment, testing tolerances, testing procedures, and testing frequency.

7.6.2 Initial testing and calibration results and all subsequent meter testing and

calibration results.

7.6.3 Maintenance and calibration records.

7.6.4 Meter Information including but not limited to make, model, serial number,

and MXU number.

Revised July 2014

8-1

Section 8.0 Discontinuance of Service

8.1 User Request

Whenever a User desires to have service turned off, they shall notify the

Utility Billing Office at least two working days prior to the date in which service is

to be turned off. If applicable, the User shall provide access to the meter so the

Utility may obtain the final meter reading. There will be no abatement of

charges in whole or in part by reason of the extended absence of the Customer or

for any other cause unless the Utility has been notified to turn off the service.

8.2 Disconnection for Non-Payment

If a bill is not paid before the due date indicated on the bill, the User will be

considered delinquent and the Utility may disconnect water service, if applicable.

Failure to receive the bill shall not affect the right of the Utility to disconnect

service for nonpayment.

Water service may be disconnected for failure to pay any water or

Wastewater bills or other charges in connection with Water or Wastewater Utility

services or installation.

The Customer may appeal, in writing, to the Board of Public Works prior to

disconnection if the Customer believes that there is an error with the account

scheduled for disconnection.

9-1

Section 9.0 Permanent Disconnection

If a property owner wishes to permanently disconnect from the Public Sewer, they

must request, in writing, permission to do so from the Board. This shall be done on forms

provided by the Utility and shall include a plan to physically disconnect from the Public

Sewer which must be approved by the City Engineer. A recorded Warranty Deed shall

be provided to the Utility when the property owner submits his request for permanent

disconnection from the Public Sewer. Once the request is approved by the City Engineer

and the Board, the property owner shall obtain a Permanent Disconnection Permit. A

permit fee shall be paid to the Utility. If the property owner has any outstanding Utility

debt associated with this property, they will be required to pay it in full in order to receive

the permit. The permit holder shall notify the Utility at least one working day prior to

starting the disconnection. Upon completion of the disconnection, the property owner

must notify the City Engineer or their designee that the work is ready for inspection and it

shall not be covered until the disconnection is approved by the Utility. Once the

disconnection is completed and approved, billing will be discontinued.

9-2

ELKHART PUBLIC WORKS & UTILITIES

1201 S. Nappanee Street

Elkhart, IN 46516

Ph. 574-293-2572

Fax # 574-293-7658

Sewer Disconnection Request

Name: _________________________________________ Date:____________

Account number: __________________________________________________________

Address: _________________________________________________________________

Phone number(s): __________________________________________________________

Reason for request: ________________________________________________________

_________________________________________________________________________

Proposed method of disconnection: _____________________________________________

__________________________________________________________________________

Please fill out this form completely.

______________________________________________________

Authorized by Public Works Date

9-3

ELKHART PUBLIC WORKS & UTILITIES

1201 S. Nappanee Street

Elkhart, IN 46516

Ph. 574-293-2572

Fax # 574-293-7658

Permit Number: ______________

Sewer Disconnection Date: _______________________

Permit

Receipt Number: _____________

Paid: $25.00 _

Property Owner: Permit issued to:

Address: Address:

Phone: Phone:

Account #:

Address of work to be done:

Date disconnection process is to begin: Permit will expire on:

In order to obtain a Sewer Disconnection Permit, the following is required:

(a) Sewer Disconnection Request form has been submitted to Elkhart Public

Works & Utilities including detailed information on proposed method of

disconnection. Approval has been granted by the Utility Engineer and the

request has been approved by the Board of Public Works.

(b) Any outstanding wastewater debt must be paid prior to obtaining a permit.

starting the disconnection

(d) The disconnection permit fee is $25.00.

Signature of issuing authority Date

Revised September 2021

10-1

Section 10.0 Sewer Construction Standards

10.1 The size, shape, alignment, and materials used in construction of a Sewer Lateral

or Public Sewer shall conform to the requirements of the City’s Plumbing

Ordinance, the Standard Construction Specifications for the City of Elkhart, as

adopted by the Board, and other applicable State and City rules and regulations,

as amended.

10.2 Excavation Permits

No Person shall make an excavation of any kind in or under the surface of

any Public Right of Way without first having secured an Excavation Permit from

the Utility for each separate excavation to be made. An Excavation Permit shall

also be required for any Excavations for the installation or repair of Sewers and

water supply lines between the Public Right of Way and any building provided

with Sewer or water service.

10.3 Use of Existing Sewer Lateral for a New Building

Existing Sewer Laterals that may have been abandoned may be used in

connection with new buildings only when they are determined, upon inspection

and testing supervised by the Utility, to meet all requirements.

10.4 Elevation and Location of Sewer Lateral

Whenever reasonably possible, the Sewer Lateral shall be brought to the

building or house at an elevation below the lowest floor or as defined in the City

Construction Specification Standards. In all buildings in which any Building Drain

is too low to permit gravity flow to the appropriate Public Sewer, Wastewater

carried by such Building Drain shall be lifted by an appropriate means, at the

User’s expense, and discharged to the Sewer Lateral.

10.5 Inspection of Connection

The Utility shall be notified when a Sewer Lateral is ready for connection to

the POTW. Notification shall be made in accordance with the Utility’s standard

inspection procedures. The connection shall be made under the observation of

the Inspector using materials and techniques that conform to all applicable Utility

requirements. The applicant shall give notice before covering the Sewer Lateral

and it shall not be covered until the connection is approved by the Utility.

Revised June 2014

11-1

Section 11.0 Sewer Assessment Charges

Charges made to property owners for connections to the POTW shall be in

accordance with the current schedule of charges outlined in the Wastewater Utility Rate

Ordinance. The Common Council may amend these schedules as necessary. Sewer

assessment fees shall be calculated on the total frontage of all parcels contained within

the legal description of such address with a minimum of 50 feet. For corner lots the

frontage shall be determined by the portion of the property adjacent to the Sewer the

customer is connecting to unless otherwise approved by the Utility. To accurately

calculate the cost of such assessment the property owner must supply a recorded

Warranty Deed of the property. All Sewer assessment payments, including interest from

installment contracts, shall be deposited into the Sewer Extension Fund.

11.1 Residential Sewer Assessment Charges

Where a dedicated Public Sewer exists in a public Right of Way or

easement and the sewer was not constructed under Barrett Law, the property

owner shall pay the fees as outlined in the current Wastewater Utility Rate

Ordinance at the time of connection to the POTW.

11.2 Payment of Residential Sewer Assessment Charges

11.2.1 All residential property owners that are charged a sewer assessment fee

under this Section shall pay the assessment fee as follows:

(a) Full Payment Prior to Connection

The property owner may pay all fees in full prior to the time of

connection to the Public Sewer, or

(b) Payment Plan

Prior to the time of connection to the Public Sewer, the property

owner shall pay a down payment not less than 20% of all fees.. To

be eligible to make payments the property owner must provide a

copy of the recorded Warranty Deed showing that they are the

owner and that they are not a commercial entity or structured

business. The property owner shall then contract to pay in monthly

installments, with a minimum monthly payment of $25.00, the

remaining principal and interest according to the following:

Revised June 2014

11-2

Total Fees Less Down Payment Maximum Pay Back Period

Under $2,000 36 months

$2,000 and over 60 months

There shall be no penalty for making additional payments toward the

principal or early payoff.

11.2.2 Establishment of Interest Rate

The Board shall establish the interest rate for the upcoming year as the

prime rate published on the first day of December of the current year plus

one percent (prime rate + 1%).

11.2.3 Application of Interest Rate

During any calendar year, the interest rate set by the Board for that year

shall apply to all installment contracts entered into that year by property

owners and the Utility. The initial interest rate shall continue for the life of

each contract initiated in that year.

11.3 Payment of Commercial and Industrial Sewer Assessment Charges

11.3.1 All non-residential property owners that are charged a sewer assessment

under this Section shall pay all fees in full prior to the time of connection to

the Public Sewer.

11.3.2 Reimbursement Agreement

Pursuant to Indiana Code 36-9-22-2, the Board may enter into a

reimbursement agreement with a private, capital investor for a Public

Sewer extension.

Revised February 2018

12-1

Section 12.0 Residential Sewer Insurance and Backwater Valve Program

The Residential Sewer Insurance and Backwater Valve Program (Program) is

funded, in part by Residential Utility Users in the form of a minimal monthly charge on

the Utility bill. The Program is in place to aid Residential Property owners or occupants in

the cost of repair to their Sewer Lateral or installation of a Backwater Valve. This

Program shall not apply to commercial or non-residential users such as Industrial Users,

or bulk Sewer Users. The Board shall establish policies to administer the Program. The

Sewer Insurance fee and the use of this fund shall be in accordance with the following:

12.1 Assessment of Charges and Deposit in Fund

A Sewer insurance monthly premium as established in the Wastewater

Utility Rate Ordinance, as amended, shall be added to Wastewater service

charges for each Residential Sewer Lateral. All money collected shall be

deposited in a separate fund to be reviewed annually.

12.2 Usage of the Sewer Insurance and Backwater Valve Program

12.2.1 To be eligible for repair under the Sewer Insurance Program the Sewer

Lateral:

(a) Shall have been cleaned once by a professional contractor and

experienced a blockage a second time in a 12-month period; or

(b) Experienced a blockage that a professional contractor has been

unable to open.

12.2.2 To be eligible for the installation of a Backwater Valve the property must be

located in area affected by wet weather events. Each property is eligible for

assistance to install a Backwater Valve under the Program only one time.

12.2.3 The use of the Program for installation of a Backwater Valve is on a first

come first serve basis.

Revised February 2018

12-2

12.2.4 Sewer Insurance and Backwater Valve funds, less the deductible, shall be

used for the payment of all costs directly attributable to the repair of a

failing residential Sewer Lateral or the installation of a Backwater Valve

outside of the foundation of the building. For the purpose of this section a

Residential Sewer Lateral is a Sewer serving a building with two or less

residences or a private collector Sewer that serves more than one

Residential building. Each homeowner is required to pay the deductible

prior to the repair or replacement of the Residential Lateral Sewer unless

otherwise determined by the Board.

Sewer Insurance and Backwater Valve funds shall not be used for repair of

the portion of a Sewer Lateral that is located under a private permanent

structure, except a driveway, or a structure that is connected to a private

permanent structure. This includes but is not limited to covered porches,

sheds, garages, or out-buildings, and slabs. Structures such as pools,

patios, fences, or decks that block access to the Sewer Lateral must be

moved at the property owner’s expense.

12.2.5 Expenses included under the Program:

(a) The removal and replacement of public streets, curbs, driveway

approaches, and walks located in the Public Right of Way or

Easement;

(b) The removal of trees on private or public property determined to be

the cause of the Sewer problem; and

Revised February 2018

12-3

12.2.6 Expenses not included under the Program:

(a) Replacement of any trees, shrubbery, plants or other landscaping

features on public or private property removed as part of the repair

or replacement of the Sewer or installation of the Backwater Valve;

(b) Any expenses incurred in tunneling under or replacing any surface

improvements located on private property such as bituminous,

concrete, or brick driveways or patios;

grills, foundations, sheds, decks, patios, fences, and any other

surface or sub-surface improvements found on public or private

property;

(d) Replacement of topsoil and reseeding or sodding on disturbed lawn

areas; and

(e) Replacement of driveways on private property.

12.3 Application for Utilization of the Sewer Insurance and Backwater Valve Program

12.3.1 All property owners who wish to use the Program shall complete an

application which shall include, at a minimum, the following:

(a) For Sewer Lateral repairs, documentation from professional Sewer

cleaning or repair contractors of one Sewer Lateral problem within a

12-month period. This documentation shall include a description of

the Sewer problem and the attempts made to correct the Sewer

problem.

Note: Annual Sewer Lateral cleaning by a professional contractor is

considered routine maintenance that is responsibility of the property

owner and is not a qualifying event for Sewer Insurance;

Revised February 2018

12-4

(b) For installation of a Backwater Valve, documentation describing the

Wastewater Backup problem and any attempts made to correct the

problem at the property.

the Program; and

(d) A signed release authorizing right of entry to the Utility to inspect the

Sewer and conduct repairs or replacement to the Sewer or install a

Backwater Valve in accordance with this Section.

12.4 Construction Requirements

All work performed under the Program shall be in accordance with the

provisions in the City’s Plumbing Ordinance, as amended, the Standard

Construction Specifications for the City of Elkhart, as adopted by the Board and

any other applicable regulations. Only qualified, bonded contractors that are

registered with the City of Elkhart may perform work under the Program.

12.5 Owner Occupied Residential Properties

To be eligible to utilize the Program, the property owner shall not have any

outstanding water or wastewater debt related to this property.

12.5.1 The property owner shall be responsible to pay to the Utility the deductible

as referenced in Section 12.2.1.

12.5.2 All property owners shall make payment under the Program using one of

the following options:

(a) Full Payment

The property owner may pay all charges in full prior to the initiation

of any work under the Program; or

Revised February 2018

12-5

(b) Payment Plan

The property owner may execute a payment agreement with the

Utility to pay the charges as well as submit a recorded deed.

Payments include an administrative fee which shall be made in six

equal installments. The first installment shall be due prior to the

initiation of any work under the Program. Remaining installments

shall appear on subsequent Utility billings.

12.5.3 Failure to pay as required under this section shall result in the Utility

placing a lien upon the property where the Sewer Insurance repair or

Backwater Valve installation was made in accordance with Section 12.2 of

this Policy.

12.6 Non-owner Occupied Residential Properties

To be eligible to utilize the Program, a non-owner occupied Residential

Property shall meet the following:

12.6.1 The property owner must fill out application in person at the Utility

Administration Office;

12.6.2 All charges shall be paid in full prior to the initiation of any work under the

Program;

12.6.3 The property owner shall not have any outstanding water or wastewater

debt related to this property; and

12.6.4 The current occupant shall not have any outstanding water or wastewater

debt related to this property.

12.7 Fats, Oils and Grease and Sewer Insurance

When the Utility determines that Fats, Oils, and Grease (FOG) is the cause

of a Sewer Lateral blockage and is the reason that work under the Sewer

Revised February 2018

12-6

Insurance Program is required, the customer shall be eligible for the Program the

first time the problem is discovered, but the customer will be notified that future

instances of FOG blockages disqualify use of the Program. If the customer has a

Sewer Lateral blockage at the same property due to FOG after the initial use of

the Program, the customer shall not be eligible for the Program. For the purposes

of this section the term customer shall mean either tenant or owner of any

property which is, or is to be, supplied with wastewater service.

12.8 Warranty for Sewer Insurance Repairs

Sewer Insurance repairs are guaranteed for a period of one year from the

date the repair is completed. Failure of the Sewer Lateral during this period will be

repaired under this program at no additional cost. The Utility shall be notified of a

failure prior to the expiration of the warranty period in order to be eligible for a

warranty repair.

12.9 Refunds for Sewer Insurance Repairs

12.9.1 The property owner or occupant shall be reimbursed the difference if the

Sewer Insurance repair costs less than the deductible amount paid. If a

warranty repair is required (see section 12.7) any reimbursement amount

shall be repaid by the property owner prior to the warranty repair.

12.9.2 Damages to the Sewer Lateral caused by a private utility (e.g. electric,

cable, gas) are the responsibility of the private utility that caused the

damage. The City shall notify the property owner if the damage to the

Sewer Lateral was caused by a private utility and make every attempt to

recover the repair costs from the responsible party. If the City is successful

in identifying the responsible party and recovering the cost of repair, the

Revised February 2018

12-7

property owner shall be reimbursed the deductible. Such reimbursement

will void any warranty.

12.10 Clear Water Sources

All clear water sources from the property owner’s building or house shall be

disconnected from the Building Drain or Sewer Lateral unless otherwise approved

by the Director prior to use of the Sewer Insurance and Backwater Valve

Program. Clear water sources include, but are not limited to downspouts and

other sources of surface water runoff such as driveway drains and parking area

drains. Any costs for disconnecting the clear water sources shall be at the

property owner’s expense and shall not be included in the cost for installation of

the Backwater Valve.

12.11 Maintenance of Backwater Valve

The property owner shall be responsible for maintaining the Backwater

Valve after installation. No warranty shall be provided for Backwater Valves. The

city shall not be liable for improper usage, blockages or failures of the Backwater

Valve.

June 2012

13-1

Section 13.0 Discharge of Special Wastes

Any Person that wishes to discharge special wastes, whether trucked, hauled or

discharged in place to the Publicly Owned Treatment Works (POTW) must first obtain a

temporary permit to discharge (Permit) from Elkhart Public Works and Utilities (PWU).

The application for a Permit must be completed on forms provided by PWU.

The Director will review the application and notify the applicant what type of

analysis, if any, must be conducted. If required, analytical results must be received by

the Director prior to approval or disapproval of the temporary Permit to discharge. The

Permit shall specify a location and timeframe which is acceptable to commence

discharging. No Waste shall be discharge within 48 hour after a rain event ends.

Discharges are subject to rates and charges as outlined in the Ordinance Number

5286 Wastewater Utility Rates and Charges. The Person shall have the manifest and the

Permit onsite at all times and present them when requested.

The Director shall have the right to reject and prohibit the discharge of the Waste.

Anyone discharging to the POTW without approval from the Director shall be subject to

fines as outlined in the Wastewater Utility Enforcement Response Plan. Discharge of

any septic Waste, grease trap and interceptor Waste, and Waste that would be

considered hazardous as defined in 40 CFR 261 is prohibited.

May 2014

14-1

Section 14.0 Inter-local Agreement Wastewater Discharge Permits

Any extraterritorial wastewater utility (Permittee) that enters into an inter-local

agreement to connect to the City of Elkhart’s Publicly Owned Treatment Works (POTW)

shall be issued an inter-local wastewater discharge permit (Permit). The Permit shall be

approved by the Elkhart Board of Public Works and shall provide a clear summary of the

Permittee’s obligations under the Permit.

Local limits and surcharges for excess strength waste shall apply to the

Permittee’s discharge entering Elkhart’s POTW.

Revised July 2019

15-1

Section 15.0 Food Service Establishment Fats, Oil and Grease Program

All Food Service Establishments (FSEs) that discharge to the POTW are subject

to the requirements of the Utility’s Fats, Oil and Grease (FOG) Control Program. FSE’s

designated as “Pre-Packaged Food Store Only” with a “Limited Food Service License”

by the Elkhart County Health Department are exempt from the program.

15.1 Registration Process

15.1.1 All FSEs shall complete and submit to the Director the FOG Registration

Certificate (Certificate) application along with any associated documents.

15.1.2 Certificate Application Submission Time Frames

(a) New FSEs that will not be constructed or remodeled shall be

required to submit a complete (Sections A through H) FOG

Application no less than 30 calendar days prior to commencing food

preparation activities.

(b) New FSEs that will be constructed or remodeled shall be required to

submit at a minimum Sections A through F of the FOG Application

prior to applying for any construction permits. Sections G through H

must be submitted no less than 30 calendar days prior to

commencing food preparation activities.

POTW have 30 calendar days to submit their application once

connection is confirmed. .

(d) Transfer of ownership within 30 calendar days after notifying the

Director.

15.1.3 Signatories to Certificate Applications

The completed Certificate application requires the signature of the

Authorized Representative of the FSE (as defined in the FOG Ordinance).

15.1.4 Application Review and Approval

(a) After submission of the Certificate application the City will review the

application and schedule an initial inspection with the FSE.

(b) After initial inspection, the FSE will receive notification of applicable

requirements or deficiencies.

Revised July 2019

15-2

15.1.5 Certificate Duration

Every Certificate shall show the expiration date and the date on which the

renewal application is due.

(a) Certificates shall be renewed every three years.

(b) Renewal applications shall be submitted 180 calendar days prior to

the expiration of the current Certificate.

15.1.6 Continuation of Expired Certificate

An expired Certificate will continue to be effective and enforceable until the

Certificate is reissued if:

(a) The FSE has submitted a complete Certificate application at least

180 days prior to the expiration date of the FSE's existing

Certificate; and

(b) The failure to reissue the Certificate is not due to any act or failure to

act on the part of the FSE.

15.2 Categories of Food Service Establishments

All new FSEs are assigned a category based on information provided in

the Certificate application. In addition, any existing FSEs that have ongoing non-

compliance issues are assigned a category based on information provided in the

Certificate application and Utility records. The Director may assign the applicant a

category of A, B, or C. The category will be determined as follows:

15.2.1 An applicant is given the designated points in the following categories:

(a) Operating hours per week

(1) 100 hours or more - 5 points

(2) Between 50 and 99 hours - 4 points

(3) Between 25 and 49 hours - 3 points

(4) Between 15 and 24 hours - 2 points

(5) Less than 15 hours - 1 point

(b) Monthly flow by cubic feet (highest consecutive 3-month average in

the previous 12-month period)

(1) 8,021 cubic feet or more - 5 points

(2) Between 6,684 and 8,020 cubic feet - 4 points

(3) Between 5,348 and 6,683 cubic feet - 3 points

Revised July 2019

15-3

(4) Between 4,011 and 5,347 cubic feet - 2 points

(5) Less than 4,011 cubic feet - 1 point

(1) 150 seats or more - 5 points

(2) Between 75 and 149 seats - 4 points

(3) Between 50 and 74 seats - 3 points

(4) Between 25 and 49 seats - 2 points

(5) Less than 25 seats - 1 point

(d) Serving practices

(1) Full kitchen and serves food on dishes that are washed on site -

5 points

(2) Full kitchen and serves food on disposable dishes or dishes that

are not washed on site - 4 points

(3) Prepares prepackaged food and serves food on dishes that are

washed on site - 3 points

(4) Prepares prepackaged food and serves food on disposable

dishes - 2 points

(5) Limited use kitchen – carry-in for prep and clean-up - 1 point

(e) Deep fryer used as part of daily food preparation - 5 points

(f) Deep fryer present, but not part of daily food preparation - 2 points

(g) Facility has commercial dishwasher - 4 points

(h) Facility has three basin or prep sink - 5 points

(i) Facility has food grinder - 5 points

(j) Facility has mop sink - 3 points

(k) Facility has floor drains - 3 points

(l) Facility has a drive-thru, drive-in, or carry-out service - 1 point

15.2.2 An applicant is assigned a Category based on the following point totals:

(a) An applicant receiving 24 or more points will be assigned to

Category A.

(b) An applicant receiving 6 points to 23 points will be assigned to

Category B.

Category C.

Revised July 2019

15-4

15.3 Category Requirements

New FSEs that have been assigned a category and Existing FSEs that

have ongoing non-compliance issues that have been assigned a category shall

meet the requirements outlined in this section and the FOG Ordinance as

amended. If at any time, the FSE is unable to meet the requirements established

in the FOG Control Program, the installation of a new or additional FOG Control

Device(s) may be required by the Director.

15.3.1 Category A

An FSE that is designated as Category A shall be required to install a

Grease Interceptor that captures flows from all floor drains, mop sinks,

three basin sinks and other kitchen fixtures, unless the FSE has been

granted a variance (See Section 15.4). The size of the Grease Interceptor

shall be the larger of 1000 gallons or determined using the formula outlined

in the Indiana Department of Health Code (410 IAC 6-10.1-66) as

amended.

15.3.2 Category B

An FSE that is designated as Category B shall be required to install

Grease Traps that capture flow from, at minimum, kitchen sinks and

fixtures, unless the FSE has been granted a variance (See Section 15.4).

The minimum size of the Grease Trap shall be determined using the

current Indiana Plumbing Code utilizing a 1-minute drain period.

15.3.3 Category C

An FSE that is designated as Category C may not be required to install a

FOG Control Device.

15.4 Variance from FOG Control Device Installation Requirements

If the FSE is unable to meet the FOG Control Device installation

requirements as outlined in the previous section or has an existing an FOG

Control Device that is proven to be effective in preventing the release of FOG, the

FSE may apply for a variance. Upon determination by the Control Authority that

reasons are sufficient to justify a variance, the Certificate will be issued or revised

to include the variance.

Revised July 2019

15-5

15.4.1 Demonstration Requirements

An FSE may be granted a variance by demonstrating that its existing FOG

Control Device or an alternative pretreatment technology is equivalent or

better than a required FOG Control Device by:

(a) Installing a Control Manhole and meeting the 200 mg/L total FOG

Effluent Limitation; or

(b) If the installation of a Control Manhole is not possible, as verified by

the Director, a variance may be granted, but the FSE shall

demonstrate its effectiveness to control FOG discharge through

downstream visual monitoring of the sewer system. Visual

monitoring shall be conducted by the Utility, for a time period as

determined by the Control Authority, at the FSEs expense. The

variance may be revoked if accumulation of FOG is found in the

Sewer Lateral or downstream Sewer lines.

15.4.2 Terms and Conditions

A variance shall contain terms and conditions that serve as basis for its

issuance. A variance may be revoked at any time when any of the terms

and conditions for its issuance are not satisfied or if the conditions upon

which the variance was based no longer exist. The variance shall be valid

until the expiration date specified on the Certificate provided the FSE

remains in compliance with the terms and conditions of the FOG Control

Program or may be extended at the Director’s discretion.

15.5 Maintenance of FOG Pretreatment Systems

15.5.1 FOG pretreatment systems are to be properly installed and maintained in

satisfactory and effective operation at the FSE’s expense.

15.5.2 FSEs are required to maintain a copy of the “Elkhart Grease Control

Device Cleaning Report” or documentation which must include:

(a) Food service establishment name and physical location;

(b) Date of service;

(d) Nature of the service;

Revised July 2019

15-6

(e) Name and affiliation of individual performing grease control device

service;

(f) The individual levels or volume of: (1) floating FOG, (2) water, and

(3) solids before removal;

(g) Identification of the facility where the waste hauler will dispose of the

waste;

(h) Any maintenance issues identified during the inspection and records

of any maintenance performed on the grease control device;

(i) Dated signature of personnel confirming service completion;

(j) Any other information required by the Director.

15.6 Best Management Practices

All FSEs shall implement Best Management Practices (BMPs) to minimize the

discharge of FOG to the Sewer system. BMPs include, but are not limited to the

following:

15.6.1 Grease and solids in grease traps and grease interceptors should not

exceed 25% of its capacity;

15.6.2 Hot water over 140˚F from cooking or cleaning operations should not be

put down a drain that is connected to a grease trap;

15.6.3 Clean and maintain grease traps and interceptors per manufacturer

recommendations.

15.6.4 Scrape and wipe pots, pans, and dishware into a solid waste receptacle

prior to rinsing and dishwashing;

15.6.5 Post "No Grease" signs above sinks and on the front of dishwashers;

15.6.6 Install screens on all kitchen drains;

15.6.7 Cover outdoor grease and oil storage containers; and

15.6.8 Train employees on the proper implementation of BMPs.

15.7 Record Keeping

Each FSE shall maintain all required records onsite for no less than three years

from the effective date of the Certificate. This includes, records of cleaning and

maintenance of grease control devices, grease dumpsters and training related to

FOG BMPs.

Revised July 2019

15-7

15.8 Compliance

When an FSE is found to be in violation of the FOG Ordinance or the Wastewater

Utility Use Ordinance, as amended the penalty guidelines found in this Section

may apply. In addition, the Utility may notify the Elkhart County Health

Department of any situation that may pose a potential health concern.

Any violations not specifically noted below or in the Enforcement Response Plan

may be penalized an amount up to and including $2500 per offense. Unless

otherwise noted, each day of violation may constitute a new offense. The number

of offenses shall be based upon those accumulating within a rolling twelve-month

period, not each calendar year.

Revised July 2019

15-8

FSE FOG Penalty Guideline Table

Offense

First

offense

Second

offense

Third

offense

Fourth and

subsequent

offense(s)

15.9.1 Refusing Utility access

to inspect FSE

facility/premise

$500

$750

$1000

15.9.2 Discharging without a

valid FOG Certificate

$100 first

30 days of

violation

$10 per day

for day 31 and

thereafter

N/A

15.9.3 Failure to operate or

maintain FOG control

device in proper

working order (Ord. No.

5285 as amended)

$100

$200

$250

$300

15.9.4 Failure to implement

BMPs as required

Written

Warning

$150

$250

$300

15.9.5 Failure to install

required FOG Control

Device

$500 for

first 15

days past

due date

$50 per day

for day 16 and

thereafter

N/A

15.9.6 Introducing additives

into an FSE's

Wastewater system for

the purpose of

emulsifying or

chemically treating

FOG

$100

$200

$250

$300

15.9.7 Failure to submit new

or renewal application

as required

$100 for

first 15

days past

due date

$5 per day for

day 16 and

thereafter

N/A

15.9.8 Failure to keep records

as required

$50

$150

$250

$300

15.9.9 Failure to provide

records upon request

Written

Warning

$100

$200

$250

15.9.10 Failure to notify utility

of a change in the

Authorized

Representative as

required

Written

Warning

$100

$200

$250

15.9.11 Failure to notify of

remodeling or transfer

of ownership as

required

$100

N/A

16-1

Section 16.0 Sewer Laterals

All Sewer Laterals, including the connection to the sewer main and the portion

installed in the Public Right-of-Way, are the property of the Customer. The Customer

shall be solely responsible for any and all costs to construct, maintain, and repair the

Sewer Lateral except as described in this section, Section 11.0 of the Wastewater Utility

Policy, or Section 12.0 of the Wastewater Utility Policy.

16.1 Sewer Lateral Stubs

The Utility may construct a Sewer Lateral Stub and later collect for the cost

of the connection as specified in Section 11.0 of the Wastewater Utility Policy.

Sewer Lateral Stubs are not present or viable at all properties, and the Utility shall

not be obligated in any way to provide a Sewer Lateral Stub. Sewer Lateral Stubs

are not guaranteed to extend to the Right of Way, and may not extend outside of

the roadway.

16.2 Identification of Existing Sewer Lateral or Sewer Lateral Stub

Information, including, but not limited to data, plans, approvals, markings

within or outside the Public Right of Way, maps, records, or employee statements,

provided by the Utility related to the location or existence of a Sewer Lateral or

Sewer Lateral Stub are based on record information and are not guaranteed to

match field conditions. Any Person who relies on said information for any purpose

whatsoever does so solely at their own risk. Neither the City, Utility, Board,

commissions, officials, or employees guaranty the accuracy, reliability, or

timeliness of any of the information provided. The information is provided “as is”

without warranty of any kind, and all warranties of merchantability and fitness for a

particular purpose are hereby disclaimed. The Utility reserves the right to alter,

amend or terminate at any time any and all information related to the location or

existence of Sewer Laterals or Sewer Lateral Stubs.

16.3 Sewer Lateral Locating

The Utility shall not be required to locate Sewer Laterals, although it may

locate Sewer Laterals as part of an action described in Section 12.0 of the

Wastewater Utility Policy or as otherwise necessary for the proper functioning of

the Utility.

16.4 New Sewer Connections

16-2

The Customer is responsible for all costs associated with the installation of

new Sewer Laterals and the connection to the POTW, including tees, fercos,

saddles or other material necessary to tap the sewer main. These costs include

all surface restoration, including possible costs associated with pavement

restoration in the Public Right of Way.

17-1

Section 17.0 Autodialed Phone Calls and Automatic Text Messages to Customers

The Utility may make autodialed phone calls and send automatic text messages to

Customers. The phone number will be obtained when the Customer initially signs up for

service, subsequently supplies the phone number, or updates their contact information.

The Utility shall only use these phone numbers to communicate with Customers about

matters closely related to their Wastewater service including, but not limited to:

- Calls or text messages that are necessary in any situation affecting health and

safety;

- Warnings about planned or unplanned Wastewater service interruptions;

- Updates about Wastewater service interruptions or service restoration;

- Requests for confirmation of service restoration or information about lack of

service;

- Notifications of work that directly affects the Customer’s Wastewater service;

- Notifications to Customers informing them that they may be eligible for subsidized

or low-cost Wastewater services due to certain qualifiers such as, e.g., age, low

income or disability; and

- Warnings about the likelihood that failure to make payment will result in service

curtailment.

Matters closely related to Customers’ Wastewater service does not include routine

debt collection calls or text messages by the Utility to Customers after Utility service has

been terminated.

Each call or text message will include information on how the Customer can opt out

of future messages. The Utility shall not make calls or send text messages not closely

related to Utility service. The Utility shall not transfer or provide Customer phone

numbers to any group, organization, or person except where required by local, state, or

federal law.