The board of directors for the Nyona South Mud Lake Conservancy district will vote on a proposed amendment to the sewer use ordinance at their next meeting on August 1, 2022. The amendment is in reference to prohibiting the clogging of the system requiring repair or correction. The text of the proposed amendment is below:
ORDINANCE NO. 2022-001
AMENDMENT TO THE NYONA/SOUTH MUD LAKE CONSERVANCY DISTRICT SEWER RATE ORDINANCE
AN AMENDMENT PROHIBITING THE CLOGGING OF THE SYSTEM REQUIRING REPAIR OR CORRECTION
WHEREAS, the District has constructed a sewage works for the purpose of collecting and disposing of the sewage in the district in a sanitary matter; and
WHEREAS, the District has established a schedule of rates and charges so as to produce revenue to pay expenses of maintenance and operation, debt service requirements, and to provide funds for the necessary replacements and improvements to the sewage works which schedule needs to be updated due to increases in the expenses of maintenance and operation costs; and
WHEREAS, users of the system may not clog or cause obstruction in the system, and where such clogging or obstruction occurs, there are expenses related to the cleaning out, repair, or correction.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE NYONA/SOUTH MUD LAKE CONSERVANCY DISTRICT, FULTON COUNTY, INDIANA;
1. Punishable Violation. The commission of any act prohibited by ordinance or by lawful order of the District or lawful order or regulation of the Board, or the failure to perform without lawful justification any lawful order or regulation of the Board shall be a punishable violation of this ordinance in which the Board shall specify a fee, fine, or penalty after notice to the violator. In case of discharge into the sewer system in violation of this ordinance or any valid order or regulation of the Board, each day of violation constitutes a separate offense.
2. Clogging of the System Requiring Repair or Correction. In the event a person causes garbage, solid waste, or other substances to be flushed, even accidently, or otherwise introduced into the system that requires a clean-out or repair by the District’s maintenance contractor, the user shall promptly notify the District maintenance contractor for the clean-out and/or repair. The first such incident or offense shall be paid by the District. No fee will be assessed against the user.
However, on the second incident or offense within one (1) years’ time, the user shall be responsible to reimburse the District a service fee of One Hundred Fifty Dollars ($150.00) in order to make a clean-out, repair or correction of the system. Any subsequent incidents or offenses by the user shall likewise require the user to reimburse the District a service fee of One Hundred Fifty Dollars ($150.00).
3. Determination by District. The maintenance contractor/inspector shall make a determination of which user is responsible for the garbage or solid waste discharge and report the same to the District. In the event the maintenance contractor/inspector is unable to make a determination in the event a grinder pump is utilized by two users, the Board may make a determination after discussing with both users concerning which user is responsible for the reimbursement expenses.
4. Appeal of Determination. Any user affected by a decision, action, or determination made by the District concerning a clogging, obstruction, clean-out or repair may file with the District a written request for review and reconsideration within ten (10) days of such decision, action or determination, setting forth in detail the facts supporting the users request for reconsideration.
The appeal shall, if reasonably possible, be heard by the District within thirty (30) days from the date of filing. The District’s decisions, actions, or determination shall remain in effect during such period of reconsideration, unless the District otherwise determines on request of the user.
5 All Other Provisions Remain in Effect. All of the other provisions of the District’s Sewer Rate Ordinance and/or Sewer Use Ordinances that are not in conflict herewith shall remain in full force and effect. This ordinance shall not affect the validity of the provisions of former ordinances that are not specifically amended and revised herein.
PASSED AND ADOPTED by the Board of Directors of Nyona/South Mud Lake Conservancy District on the _____ day of _________________, 2022.
Thomas Trent, Chairman Timothy Johnson, Vice-Chairman
John (Randy) Hill, Treasurer Brian Roller, Secretary
William Allen, Director