ORDINANCE NO. 144
THIS ORDINANCE REPEALS AND REPLACES ANY AND ALL PREVIOUS SEWER AND
SEWERAGE SYSTEM (I.E., ORDINANCE 31, AND 116) AND FEE ORDINANCES (I.E., ORDINANCES 140, 140A AND 142) FOR THE VILLAGE OF RICHMOND
WHEREAS, the Village of Richmond confirms that the Louisiana Revised Statute (R.S.), Title 33 (Subpart B), empowers the Village of Richmond to own, purchase, acquire, construct, extend, equip, operate, and maintain within and without its corporate limits, a sewerage system, sewerage collection system, sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations and all other appurtenances necessary for the collection, treatment, purification and disposal in a sanitary manner of the liquid and solid waste and sewage of the municipal corporation.
WHEREAS, the Village of Richmond confirms that the Louisiana Revised Statues (R.S.), Title 33: §4002 et seq. with regard to changes and monthly fees for sewer service, states, any municipal corporation may be an ordinance or resolution establish, maintain, and collect rates, charges, or connection charges for the use of and service rendered by the sewerage system to be paid by the owner of each parcel of real estate or building that is connected with or in any way uses or is served by the sewerage system of the municipality, and may re-adjust the rates, charges or connection charges from time to time. Rates or charges or connection charges shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repairs, replacement, and maintenance of the sewerage system and for the establishment of the necessary sinking fund for the payment of the principal and interest of any revenue producing public utility bonds which may have been issued and sold for the purpose of constructing, acquiring, extending, or improving the sewerage system, and the governing authority of the municipal corporation shall adopt and enforce appropriate rules, regulations, and ordinances and exact penalties, and institute actions at law, for the prompt collection of the respective rates, charges, or connection charges fixed for service rendered by the sewerage system.
WHEREAS, the Village of Richmond confirms that Louisiana Revised Statutes (R.S.) Title 33, § 33:4169, Subpart A, subsection 1 is clear any municipal corporation, parish, or sewerage district operating a sewerage system shall have power to execute a contract with any municipal corporation, parish, water, district, or private water company operating a water system serving customers in the area served by said sewerage system, and any municipal corporation, parish, water district, or private water company is authorized and empowered to execute and enter into a contract with any municipal corporation, parish, or sewerage district providing sewerage service to customers of said municipal corporation, parish, water district, or private water company, which contract may contain such terms and privileges as may be agreed upon between the parties there to pursuant to which service charges imposed for service rendered by the sewerage system will be collected for the municipal corporation, parish, or sewerage district by the municipal corporation, parish, water district, or private water company and which shall include provisions for a procedure to enforce collection of sewer charges by an agreement to shut off the service of the supply of water to any premises delinquent in the payment of either its water charges or sewer charges.
WHEREAS, the Village of Richmond confirms that Louisiana Revised Statutes (R.S.) Title 33, § 33:4169, Subpart A, subsection 4 it states that it is the policy of this state that any municipal corporation, parish, or sewerage district operating a sewerage system may in its discretion assess a charge to any premises for the connection of such premises to such sewerage system.
WHEREAS, the Village of Richmond confirms that Louisiana Revised Statutes (R.S.) Title 33 empowers the Village of Richmond to compel connection to the sewer system (§ 33:4004 and 4041); apportion costs of connections or improvements (§ 33:4043); and assess costs against property as lien (§ 33:4044) and levy penalties for delinquency (§ 33:4047).
WHEREAS, the Village of Richmond confirms that in accordance with Louisiana Attorney General Advisory Opinions (A.G. AO), the Village of Richmond may not set-aside, reduce, other otherwise forgive a debt owed to a public entity including, but not limited to, sewer bills (A.G. AO 15-0057, 14-0055, and 13-0166); and unless the Village of Richmond customers experienced hardship due to a natural disaster, i.e., hurricane, any waiver is not allowed (A.G. AO 17-0157).
WHEREAS, the Village of Richmond is required to comply with the Louisiana Administrative Code (LAC), Title 51, Part XIII et seq., Public Health---Sanitary Code, Sewage Disposal; Louisiana Revised Statutes (R.S.), Title 36, § 258 (B), Louisiana Department of Health and Hospitals; and R.S. Title 40, Chapters 1 and 4 (Public Health and Safety---Sanitary Code), specifically as promulgated by the Department of Health and Hospitals in accordance with R.S. 40:4(A)(6) and R.S. 40:5(A)(2)(3)(9)(20).
WHEREAS, the Village of Richmond seeks to provide clarity and a comprehensive sewer and sewerage system Ordinance, provides the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BOD (biochemical oxygen demand) means that quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in parts per million by weight.
Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes (not including storm drains) inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the exterior wall of the building.
Building sewer means the piping extending from the building drain to the point of connection with the public sewer or other place of disposal.
Customer means any individual, persons, firms, corporations, partnerships, associations, or any other entity that utilizes the sewer system.
Garbage means the solid waste matter resulting from the preparation, cooking or dispensing of food or from the handling, storage or sale of produce or other food products.
Industrial waste means the liquid waste resulting from industrial or other technical processes, carrying oils, greases or silt particles of any kind.
Life station means a pump station designed to move wastewater, or sewage, from a lower to higher elevation using a collection system. These pump stations are often used to move wastewater from residential and commercial facilities to their final destination: sewage treatment plants (See below).
Mobile/Modular home means a structure that is manufactured and can be transportable, designed to be used as a single-family dwelling, and does not require a permanent foundation. A recreational vehicle shall not be considered a mobile home. A trailer home has the same meaning as a mobile home.
Mobile home park is a collection of mobile homes. A trailer park has the same meaning as mobile home park.
National Pollutant Discharge Elimination System (NPDES) means the Louisiana permit that is based on the Clean Water Act (CWA; 33 U.S.C. §1251 et seq.) and is a license for a facility to discharge a specified amount of a pollutant into a receiving water under certain conditions. This is often simply called the permit.
Natural outlet means any outlet into a ditch, watercourse, pond, lake or any other stream or body of surface water.
Normal domestic wastewater means wastewater, excluding industrial wastewater, discharged by a person into sanitary sewers and in which the average concentration of suspended solids is not more than 300 mg/1 and BOD is not more than 255 mg/1.
Oxidation pond means the biological systems which are used for the treatment of wastewater and is considered as the secondary treatment method by which natural purification and stabilization of wastewaters like domestic sewage, trade waste and industrial effluents is accelerated. The biological treatment process in oxidation pond mainly involves an interaction between bacteria, algae and other organisms. It efficiently removes bacteria, biodegradable organics, phosphorous and nitrogen present in the wastewater which is going to be discharged to the receiving streams according to the NPDES permit.
pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
Properly shredded garbage means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
Public sewer means a sewer owned or controlled by the city, to which property owners in the vicinity may have access. In general, the public sewer includes the main sewer in the street and the service branch, if any, to the property line of the owner having access to the public sewer.
Sanitary sewage means the liquid waste normally originating in quarters inhabited or frequented by human beings, and may include human excreta, bathwater, kitchen wastes (with or without properly shredded garbage), laundry waste, and wash water carrying any waste particles.
Sanitary sewer means a sewer designed to carry sanitary sewage to which stormwater, surface water and groundwater are not intentionally admitted.
Septic tank or system means an underground chamber made of concrete, fiberglass, or plastic through which domestic wastewater flows for basic treatment. Settling and anaerobic processes reduce solids and organics.
Sewage means any combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be adventitiously present.
Sewage treatment plant means any arrangement of equipment, devices and structures used for treating (reducing the BOD) of sewage.
Sewage words or system means any and all facilities for collecting, pumping, treating and disposing of sewage.
Sewer means any pipe or other conduit outside a building for conveying sewage.
Storm sewer means a pipe or other conduit outside a building for conveying rain and other surface water and drainage. This is the same definition used for storm drain.
Suspended solids mean solids that float on the surface of or are suspended in water, sewage or other liquid, and which are removable by laboratory filtering.
Unpolluted wastewater means water containing: 1) No free or emulsified grease or oil; 2) No acids or alkalis; 3) No phenols or other substances producing taste or odor in receiving water; 4) No toxic or poisonous substances in suspension, colloidal state or solution; and/or 5) No noxious or otherwise or odorous gases, or any forming substances or volatile chemicals.
Watercourse means a channel in which a flow of stormwater, surface water or groundwater occurs continuously or intermittently.
WHEREAS, the Village of Richmond will contract with a certified sewer plant operator with certifications through the Louisiana Rural Water Association (LRWA), office of Public Health and Louisiana Department of Environmental Quality, to operate and manage the sewer system.
WHEREAS, the Village of Richmond will contract with a plumber to provide services related to the lift stations and other parts of the sewer system. The plumber must be certified in Louisiana and bonded.
WHEREAS, the Village of Richmond will purchase required equipment and chemicals necessary to maintain the sewer system in a sanitary, healthy and cost-effective manner.
WHEREAS, the Village of Richmond will ensure the appropriate operations, integrity, and safety of the sewer system, including, but not limited to, the lift stations, piping or conveyance systems and the oxidation pond, and maintain all access roads, buildings and fencing associated with the sewer system.
AS SUCH, THE VILLAGE OF RICHMOND DOES PUT FORTH THE FOLLOWING ENACTMENTS.
BE IT RESOLVED THAT ALL DWELLINGS, BUILDINGS (PUBLIC OR PRIVATE), AND TRAILERS LOCATED WITHIN THE INCORPORATED JURISDICTION OF THE Village of Richmond must be connected to the Village of Richmond sewerage system. This does not apply to any structure that currently has a septic tank or system.
BE IT RESOLVED that any and all entities that direct, desiring to construct, enlarge, alter, or repair, by building permit, and will connect to the Village of Richmond sewerage system shall pay the one-time connection fee of $250.00.
BE IT RESOLVED that all customers must pay their bills to JCP Management, Inc., P.O. Box 624, Harrisonburg, Louisiana, 71340. The Village of Richmond does not accept payment directly for such fees.
BE IT RESOLVED that any costs associated with damages caused by the negligence or willful and deliberate actions of a customer may be charged to that customer. Depending on the costs associated with such actions, penalties may include fines and imprisonment, or both. If such actions result in damages less than $500.00, the fined amount will not be more than $1,000.00 or imprisoned for not more than six months, or both. Where the damage amounts to five hundred dollars but less than fifty thousand dollars, the offender shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than two years, or both. Where the damage amounts to fifty thousand dollars or more, the offender shall be fined not more than ten thousand dollars or imprisoned with or without hard labor for not less than one or more than ten years, or both. The Village of Richmond is authorized to pursue such actions based upon Louisiana Revised Statutes § 14:56(A)(B)(1)(2)(3). Because the sewerage system has been identified by
Presidential Policy Directive / PPD-21 as “Critical Infrastructure Security and Resilience,” additional federal charges may be preferred.
BE IT RESOLVED that all residential customers (non-commercial) are required to pay a base monthly fee of $30.00, plus a usage fee for any water used over 1,000 gallons per unit. Any usage over the first 1,000 gallons per unit is set at a rate of $3.00 per 1,000 gallons. This includes trailer park residents.
BE IT RESOLVED that rental property owners shall be responsible for payment of all sewage fees on the rental property.
BE IT RESOLVED that other non-residential fee (not including usage or consumption fees) are as follows: Follow chart as agreed upon.
RICHMOND RATE STRUCTURE
|
MONTHLY RATE CLASS
|
FLAT RATE
|
PER1,000 GALLONS
AFTER FIRST 1,000 GALLON
|
|
Residential
|
$30.00 (1,000 Gallons)
|
$3.00
|
|
Commercial
|
$60.00 (1,000 Gallons)
|
$3.00
|
|
Nursing Home
|
$1,000.00 (1,000 Gallons)
|
$3.00
|
|
Trailer Park
|
$30.00 (1,000 Gallons)
|
$3.00
|
|
Car Wash
|
$100.00 (1,000 Gallons)
|
$3.00
|
BE IT RESOLVED that all customers that use the Village of Richmond sewer lines are required to pay a usage or consumption fee based on the gallons of water used per month.
BE IT RESOLVED that all fees (the monthly rate plus the usage or consumption) are payable upon receipt to JCP and will be considered delinquent after thirty (30) days.
THIS ORDINANCE WILL BE PRESENTED TO THE PUBLIC AT THE REGULAR MEETING ON October 21, 2021.
This Ordinance #144 was introduced by Councilman Lamar Walters, seconded by Councilman Walter Cobb, on October 21, 2021.
This Ordinance #144 having been submitted to vote, the vote there on was as follows:
Councilman Walters yea, Councilman Leoty yea, Councilman Cobb yea.
Date Adopted: ____________________, 2021.
Noticed Published: _____________________, 2021.
Attest: _______________________ this ______ day of _____________________, 2021. Genevieve Ellis, Village Clerk
