A. Administration. The sewer service charge system and Sewer Fund shall be administered according to the following provisions:

(1) System of accounts.

(a) The Clerk/Treasurer shall maintain a proper system of accounts suitable for determining the operation, maintenance and equipment replacement and shall furnish the Council with a report of such costs upon request.

(b) The Council shall annually determine whether or not sufficient revenue is being generated for the operation, maintenance, replacement and management of the treatment works. The Council will also determine whether the user charges are distributed proportionately to each user in accordance with § 215-34B of this chapter and Section 204(b)(2)(A) of the Federal Water Pollution Control Act, as amended.

(c) The City shall thereafter, but not later than the end of the year, reassess and, as necessary, revise the sewer service charge system then in use to ensure the proportionality of the user charges and to ensure the sufficiency of funds to maintain the capacity and performance to which the facilities were constructed.

(2) Responsibility for maintaining records. In accordance with federal and state requirements, the Clerk/Treasurer shall be responsible for maintaining all records necessary to document compliance with the sewer service charge system adopted.

B. Accounting, billing and collecting.

(1) Liability to pay. The owner of the premises shall be liable to pay for the service to the premises, whether he is occupying the property or not. The service is furnished to the premises by the City only upon condition that the owner of the premises is liable to the City for the service.

(2) Bills for service. Bills shall be mailed to property owners quarterly and shall specify the wastewater charges in accordance with the rates set out in § 215-35.

(3) Delinquent accounts (late fees). All charges for wastewater shall be due quarterly on the date specified by the City for the respective amount and shall be delinquent 30 days thereafter. Delinquent accounts will be charged the late fee set forth in Appendix A of this chapter. The late charge will be added to the bill effective the first day of each month of the delinquency. The City shall attempt to collect delinquent accounts promptly. Where satisfactory arrangements for payment have not been made, the Clerk/Treasurer may, after the procedural requirements of the City of Kellogg policy for utility billing and collection (See Appendix G. Editor's Note: Appendixes A and G are on file in the office of the Clerk/Treasurer. ) have been complied with, discontinue service to the delinquent customer by shutting off the water at the stop box. When water service to any premises has been discontinued, service shall not be restored except upon the payment of all delinquent bills and late charges plus a turn-on fee specified in as specified in Appendix A, located as an attachment to this chapter. Delinquent wastewater accounts shall be certified by the Clerk/Treasurer who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served. The assessment roll shall be delivered to the Council for adoption on or before the regular City Council meeting in December of each year for certification to the County Auditor for collection along with taxes. Such action is optional and may be subsequent to taking legal action to collect delinquent accounts.

(4) Additional costs. Any additional costs caused by discharges to the treatment works of toxic substances or other incompatible wastes, including the cost of restoring wastewater treatment services, cleanup and restoration of the receiving waters and environs, fines or penalties levied by regulatory agencies and sludge disposal, shall be born by the discharger(s) of the wastes, without expense to the City.

C. Penalties. Each sewer service charge levied by and pursuant to this article is hereby made a lien upon the lot or premises served, and all charges which are on or before December 15 of each year (or such other time as required by state law) past due and delinquent shall be certified to the County Auditor as taxes of assessments on the real estate. Nothing in this article shall be held or construed as in any way stopping or interfering with the right of the City to shut off water service to properties with delinquent sewer service charges which have been certified to the County Auditor.