SEQ CHAPTER

All owners of improved real estate and the operators of businesses within the city limits shall utilize the garbage pickup and disposal services of the collector granted a franchise by duly enacted ordinance of the city and shall pay a fee for such services. This chapter requires a fee paid for such services. This chapter shall not apply to industrial customers within the city.

(Ord., passed 5-8-85; Am. Ord. 87-1, passed 1-14-87; Am. Ord. 92-16, passed 5-13-92; Am. Ord. 94-03, passed 5-11-94; Am. Ord. 98-06, passed 5-13-98; Am. Ord. 04-03, passed 3-23-04; Am. Ord. 06-04, passed 4-25-06)

Regulations for collection, receptacles, and preparation shall be established by the city and the franchise holder. The franchise holder shall not limit the amount of garbage, debris or refuse to be picked up weekly from residential customers or the Carrollton Housing Authority. The franchise holder shall be required to pick up from commercial customers the refuse as outlined in the bid proposal submitted from Rumpke of Kentucky seeking a franchise by the city. Industrial customers are free to contract with any corporation or entity they desire for the collection of refuse, garbage or industrial waste.

(Ord., passed 5-8-85; Am. Ord. 87-1, passed 1-14-87; Am. Ord. 92-16, passed 5-13-92; Am. Ord. 94-03, passed 5-11-94; Am. Ord. 98-06, passed 5-13-98; Am. Ord. 00-04, passed 4-25-00; Am. Ord. 04-03, passed 3-23-04; Am. Ord. 06-04, passed 4-25-06)

garbage deposit fee of $15 to the Carrollton Utilities Company before receiving any service. The deposit shall be refunded to the customer after 12 continuous months of prompt payment for such service

without the customer receiving any interest on the deposit. Failure by a customer, new or old, to pay for the service shall result in the discontinuation of city utilities services and the application of the deposit, if any, to any deficiency.

(Ord. 87-1, passed 1-14-87; Am. Ord. 90-12, passed 8-8-90; Am. Ord. 94-03, passed 5-11-94; Am. Ord. 98-06, passed 5-13-98; Am. Ord. 04-03, passed 3-23-04; Am. Ord. 06-04, passed 4-25-06)

(A) (1) Residential units shall pay a charge per month to the city which includes an administrative fee of $2.60 as per the following schedule:

(2) Any services in addition to the regular collection must be collected directly from the franchise holder and any extra charge, therefore, paid directly to the franchise holder.

(B) (1) Commercial units shall pay the city a 7% surcharge over and above and based upon the amount paid to the franchise holder by the commercial unit. However, if the commercial establishment opts for curbside pickup, the amount charged by the city, including an administrative fee of $2.60, shall be as follows:

(2) In the event that the franchise holder provides a roll cart for curbside pickup, then the commercial establishment shall pay per month to the city, including an administrative fee of $2.60, as per the following schedule:

(C) (1) Carrollton Housing Authority shall pay a charge per unit per month for carry-out service to the city without any surcharge as per the following schedule:

(2) Any services in addition to the regular collection must be collected directly from the franchise holder and any extra charge, therefore, paid directly to the franchise holder.

5-13-92; Am. Ord. 94-03, passed 5-11-94; Am. Ord. 98-06, passed 5-13-98; Am. Ord. 02-02, passed 3-26-02; Am. Ord. 02-22, passed 12-18-02; Am. Ord. 04-03, passed 3-23-04; Am. Ord. 06-04, passed 4-25-06)

Charges remaining due and unpaid for a period of 30 days shall be deemed delinquent and shall be subject to interest on the account at 12% per annum until paid.

(A) It shall be unlawful for any person to dispose of rubbish, trash, garbage, or like material by the dumping of such material within the city.

(B) It shall be unlawful for any person to authorize the dumping of said material on his property within the city.

Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than 30 days, or both, for each offense.

CHAPTER 51: GAS

(B) General Service Rate (Cl) Commercial. Service for Commercial customers within the city limits and all other areas served by Carrollton Utilities.

(1) Customer Charge. A customer charge shall be assessed each month to all commercial customers receiving gas service at a rate of $7.00 within the city and $8.00 for all other areas

served.

(2) Gas Supply Rate Component. Gas supply costs shall be assessed each month to customers based on the cost of gas purchased by Carrollton Utilities during the month.

(3) Interstate Pipeline Rate Component. Interstate pipeline charges shall be assessed at the actual cost to provide interstate transportation service required to serve commercial customers.

(4) Distribution Charge Component. A distribution charge shall be assessed monthly at the rate of $1.80 per Mcf for service within the city limits and $2.16 per Mcf for any other areas

served by Carrollton Utilities.

(C) General Service Rate (I1) Industrial. Service for industrial customers with annual natural gas requirements of 15,000 Mcf per year or less within the city limits and all other areas served by

Carrollton Utilities.

(1) Customer Charge. A customer charge shall be assessed each month to all industrial customers receiving gas service at a rate of $25.00.

(2) Gas Supply Rate Component. Gas supply costs shall be assessed each month to customers based on the cost of gas purchased by Carrollton Utilities during the month.

(3) Interstate Pipeline Rate Component. Interstate pipeline charges shall be assessed at the actual cost to provide interstate transportation service required to serve industrial customers.

(4) Distribution Charge Component. A distribution charge shall be assessed monthly at the rate of $1.25 per Mcf.

(D) General Service Rate (I2) Industrial. Service for industrial customers with annual natural gas requirements of in excess of 15,000 Mcf per year within the city limits and all other areas served by

Carrollton Utilities.

(1) Customer Charge Component. A customer charge shall be assessed each month to all industrial customers receiving gas service at a rate of $300.00 for customers with annual

requirements in excess of 15,000 Mcf per year and less than 100,000 Mcf per year and $400.00 for customers with annual requirements of 100,000 Mcf or more.

(2) Gas Supply Rate Component. Gas supply costs shall be assessed each month to customers based on the cost of gas purchased by Carrollton Utilities during the month.

(3) Interstate Pipeline Rate Component. Interstate pipeline charges shall be assessed at the actual cost to provide interstate transportation service required to serve industrial customers.

(4) Distribution Charge Component. A Distribution Charge shall be assessed monthly at the following rate:

First 10,000 Mcf @ 0.50 per Mcf

Next 5,000 Mcf @ 0.35 per Mcf

Next 5,000 Mcf @ 0.25 per Mcf

Next 20,000 Mcf @ 0.20 per Mcf

Next 60,000 Mcf @ 0.15 per Mcf

OVER 100,000 Mcf @ 0.10 per Mcf

(E) (1) Creditworthiness of Customer. Carrollton Utilities, at its discretion or whenever it is not reasonably satisfied with industrial customer=s creditworthiness or ability to pay based on

information available to Carrollton Utilities at that time, may apply credit evaluation practices to determine the acceptability of the industrial customer=s overall financial condition. Carrollton Utilities=

standard objective financial criteria shall include all of the following:

(a) Acceptable overall financial condition, working capital and profitability trends;

(b) Acceptable bank and trade references; and

(c) If the industrial customer has an on-going business relationship with Carrollton Utilities, no delinquent balances should be outstanding for services provided previously by

Carrollton Utilities, and the industrial customer must have paid its prior accounts according to the established terms and not have made deductions or withheld payment for claims not

authorized by this section or any agreement for services between Carrollton Utilities and industrial customers.

(2) If the industrial customer fails to meet Carrollton Utilities= standard objective credit criteria (described above), Carrollton Utilities will require the industrial customer to provide security,

in one of the forms described below, in order for service to commence or continue.

(a) Prepayment in advance of an amount equal to the industrial customer=s average monthly invoice for the prior six month

(b) An irrevocable letter of credit drawn upon a financial institution acceptable to Carrollton Utilities with a term of one year and of an amount equal to industrial customer=s

(c) A financial guaranty, in form and substance satisfactory to Carrollton Utilities, executed by a person or another entity which does satisfy the credit appraisal criteria, of industrial

customerss performance of its financial obligations to Carrollton Utilities under the agreement with a term of one year and of an amount equal to the industrial customer=s average

(d) Such other form of security as industrial customer may agree to provide and as may be acceptable to Carrollton Utilities.

(3) Should the industrial customer not provide required security within 15 days of request by Carrollton Utilities, Carrollton Utilities may deny or suspend the service being furnished.

(Ord. 01‑25, passed 12‑12‑01; Am. Ord. 02-10, passed 6‑12‑02; Am. Ord. 08-14, passed 12-24-08)

Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than 30 days, or both, for each offense.

52.040 Costs and expenses of installation and connection of building sewer; indemnification

Wastewater Project Affirmative Action Plan/Grievance Procedure for the Handicapped

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"BOD" or "BIOCHEMICAL OXYGEN DEMAND." The measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized over a period of five days at 20EC. and as determined by the appropriate procedure in "Standard Methods."

"BUILDING DRAIN." That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

"BUILDING SEWER." The extension from the building drain to the public sewer or other place of disposal.

"CITY." The duly constituted municipal corporation of the city of Carrollton, Carroll County, Kentucky.

"DISCHARGER." Any person that discharges or causes a discharge to a public sewer.

"DOMESTIC WASTEWATER." The water-carried wastes produced from non-commercial or non-industrial activities and which result from normal human living processes.

"EFFLUENT." The liquid outflow of any facility designed to treat, convey, or retain wastewater.

"GARBAGE." Animal and vegetable waste resulting from handling, preparation, cooking, and serving of food in home kitchens, stores, markets, restaurants, motels, hotels, and other places where food is stored, prepared, or served. Specifically excluded are food-processing wastes from canneries, slaughterhouses, packing plants, and similar industries.

"INDUSTRIAL WASTEWATER." All water-carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of non-human origin.

"MANAGER OF UTILITIES." The Manager of the City Municipal Utilities, or his authorized deputy, agent, or representative.

"NATURAL OUTLET." Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

"PERSON." Any individual, partnership, committee, association, corporation, public agency, firm, company, and any other organization or group of persons, public or private.

"pH." The reciprocal of the logarithm of the hydrogen ion concentration which is the weight of hydrogen ions in grams per liter of solution.

"PROPERLY SHREDDED GARBAGE." The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than l/2-inch in any dimension.

"PUBLIC SEWER." Any sewer dedicated to public use and whose use is controlled by the city.

"SANITARY SEWER." A sewer which carries domestic or industrial wastewater and to which storm, surface, and groundwaters are not intentionally admitted.

"SEWERAGE." Any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater.

"SLUG." Any discharge of water, domestic wastewater, or industrial wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation.

"STANDARD METHODS." The current edition of "Standard Methods for the Examination of Water and Wastewater" and as published by the American Public Health Association.

"STORM DRAIN" or "STORM SEWER." A sewer which carries storm and surface waters and drainage, but excludes domestic and industrial wastewaters, other than unpolluted cooling water.

"SUSPENDED SOLIDS." The insoluble solid matter suspended in wastewater that is separable by laboratory filtration in accordance with the procedure described in "Standard Methods."

"WASTEWATER." The water-carried wastes of the community derived from human or industrial sources including domestic wastewater and industrial wastewater. Rainwater, groundwater, or drainage of uncontaminated water is not wastewater.

"WASTEWATER TREATMENT PLANT." Any arrangement of devices and structures used for treating wastewater.

"WATERCOURSE." A channel in which a flow of water occurs, either continuously or intermittently.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste.

It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

The Sewer Use Ordinance of Carrollton, Kentucky effective as of June 1, 1996, is hereby adopted by reference as if fully set out herein. Copies of it can be found in the office of the City Clerk.

(Ord. 96-10, passed 5-8-96; Am. Ord. 96-25, passed 8-27-96; Am. Ord. 01-06, passed 4-26-01)

(A) The following sewer service rates are hereby established for the different classifications of system users as described in below. The basis for the two classes is that one class will apply to those customers that are within the geographical boundaries of the city and the other rate will be applicable to those users who are outside the geographical limits of the city and users in the Regional Sewer Project and the Prestonville extension.

(1) Rates for August 1, 2005 through June 30, 2006. The basic sewer charge based on water consumption effective August 1, 2005 through June 30, 2006 is as follows:

(2) The differences in the charges shall be of an indefinite duration. The aggregate revenues to be produced and the amount of annual revenues estimated to be produced by users of the classes are as follows:

(3) Rates for July 1, 2006 through June 30, 2007. The city has entered into contracts to construct a new wastewater treatment plant and related infrastructure and will be incurring debt to finance said improvements. Carrollton Utilities has estimated operation maintenance and debt service associated with the new wastewater treatment plant and recommended rates to cover all such costs. The basic sewer charge based on water consumption effective July 1, 2006 through June 30, 2007 is as follows:

(4) Rates beginning July 1, 2007. The basic sewer charge based on water consumption effective July 1, 2007 is as follows:

(C) The differences in the charges shall be of an indefinite duration. The aggregate revenues to be produced and the amount of annual revenues estimated to be produced by users of the classes are as follows:

(D) Notes and definitions for all time periods. Residential equivalent is defined as daily design flow divided by 400 gallons per day.

(1) Where a single master water meter feeds more than one residential unit, the water and/or wastewater bill shall be calculated as follows:

(b) Average usage per unit applied to current rate structure* = average charge per unit.

(* When using multiple unit billing method, standard meter rate will be used not actual meter size.)

(3) For publicly-funded extension projects serving areas where connection to the sewer is mandatory, the capacity fee shall be waived for residential and small commercial customers with existing on-site sewer systems as long as connection to the public system is made within 120 days of being notified that the system is available for use.

(4) For publicly-funded extension projects serving areas where connection to the sewer is not mandatory, the capacity fee shall be 1/3 of the normal fee for residential and small commercial customers with existing on-site sewer systems as long as connection to the public system is made within 120 days of being notified that the system is available for use.

(Ord. 01-21, passed 11-19-01; Am. Ord. 03-18, passed 7-22-03; Am. Ord. 04-15, passed 7-20-04; Am. Ord. 05-09, passed 7-26-05; Am. Ord. 06-05, passed 4-25-06)

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located a public sewer of the city, is required at his or her expense to install suitable toilet facilities therein, and to connect these facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so, provided that the public sewer is within 100 feet of the property line.

Where a public sanitary sewer is not available under the provisions of § 52.016, the building sewer may be connected to a private wastewater disposal system complying with the requirements of the County Health Department and with the provisions of this subchapter.

At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer within 90 days after notification by the city and in compliance with this chapter. The private wastewater disposal facilities shall be abandoned and filled with suitable material in accordance with requirements of the County Health Department.

The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city.

No statement contained in this subchapter shall be construed to interfere with any additional requirements that may be imposed by the County Health Department.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Manager of Utilities.

There shall be two classes of building sewer permits: one class for residential and commercial service, and one class for service to establishments producing industrial wastewater. In either case, the owner or his or her agent shall make application on a form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Manager of Utilities.

All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

A separate and independent building sewer shall be provided for every building. However, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

Old building sewers may be used for new buildings only when they are found, on examination by the Manager of Utilities, to meet all requirements of this chapter.

(A) The building sewer shall be cast iron soil pipe, ASTM A74-69, latest revision, vitrified clay sewer pipe ASTM Spec. C-200, latest revision; a.b.s. solid wall sewer pipe ASTM D-2751-74, latest revision; P.V.C. extra heavy 35 sewer pipe ASTM D-3034-74, latest revision; or approved equal as set forth in the latest revision of the State Plumbing Code.

(B) All joints shall be gastight and waterproof and installed as prescribed in the State Plumbing Code for the specific type of pipe used.

(C) Any part of the building sewer that is located within five feet of a water-service pipe shall be constructed with cast iron soil pipe with lead joints. Cast iron soil pipe with lead joints may be required by the Manager of Utilities where the building sewer is exposed to damage or stoppage by tree roots or other objects. The Manager of Utilities may also require cast iron soilpipe with lead joints in filled or unstable ground.

(D) When solid rock exists in building sewer trenches, the rock shall be excavated to a depth of six inches below the outside bottom of the barrel of the pipe or the grade of the pipe raised so as to clear the rock and the pipe cradled with limestone chips, or portland cement concrete, to the center line of the sewer pipe. Maximum allowable infiltration shall be 0.026 GPM/foot for four-inch pipe and 0.039 GPM/foot for six-inch pipe.

(E) The size and slope of the building sewer shall be no less stringent than specifications outlined in the State Plumbing Code, and shall be subject to approval of the Manager of Utilities. The building sewer shall be the same size as the service branch, unless otherwise ordered by the Manager of Utilities, but in no event less than four inches in diameter. The slope of the building sewer shall in no event be less than l/8-inch per foot.

(F) Where a change in the line or grade of a building sewer is made a proper pipe bend shall be used. Where change in the size of the building sewer pipe is made a sewer pipe reducer or increaser, properly designed for the specific purpose, shall be used. Where cast iron soil pipe connects to the end of a vitrified tile sewer pipe, a cast iron or vitrified tile pipe increaser shall be used, and in no event shall the cast iron soil pipe extend into the end of the vitrified tile pipe sewer.

(A) Whenever possible the building sewer may be brought to the building at any elevation below the basement floor.

(B) No building sewer shall be laid parallel to within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe fittings.

All excavations required for the installation of a building sewer shall be open trench work unless otherwise specified in the State Plumbing Code, latest revision, or approved by the Manager of Utilities or his authorized representative. Pipe-laying and backfill shall be performed in accordance with ASTM specification, C-12 latest revision, except that no backfill shall be placed until the work has been inspected and approved by the Manager of Utilities or his authorized representative.

(A) All joints and connections shall be made as specified in 815 KAR 20:100 of the State Plumbing Code, latest revisions, and shall be permanently gas- and water-tight. No paint, varnish, or other coatings shall be permitted on the jointing material until after the joint has been tested and approved. The use of pre-cast bituminous jointing materials for vitrified clay pipe will not be permitted for main line sanitary sewers or building sewers. The use of impregnated fiber pipe will not be permitted for main line sanitary sewers or building sewers.

(B) The building sewer shall be connected into the public sewer at the property line, or curb line, where branch sewers extend from the main sewer to either the curb line or property line, or to the service branch on the public sewer where such public sewer exists within an easement on private property.

(C) The State Municipal Utilities shall be notified to allow for an inspection of the connection. The Manager of Utilities shall be contacted in the event no properly located service branch is available. Only city personnel or other authorized persons shall then connect the building sewer line by cutting a neat hole into the main line of the public sewer and a suitable wye or tee saddle installed in the upper quadrant of the main line, where practicable, to receive the building sewer. Where sewer pipe saddles are used to connect the building service line to the public or main sewer, the saddle branch shall be properly fitted into the hole which has been cut into the main, or public sewer, and shall be properly supported by temporary means. Cement mortar shall be used to fill the opening around the inserted saddle branch and wiped clean on the inside of the main sewer. After the mortar has set sufficiently to support the saddle branch, the Manager of Utilities or his authorized representative shall inspect the work.

(D) The saddle branch shall then be encased in cement concrete. The cement concrete shall extend to and rest upon solid undisturbed earth, or rock, at the bottom of the trench. Portland cement mortar collars are not permitted on any joints except where tee or wye saddles are used.

No person shall make connection of roof drains, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a sanitary public sewer.

No person shall make connection of roof drains, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected, directly or indirectly, to a sanitary public sewer.

The applicant for the building sewer permit shall notify the Manager of Utilities when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Manager of Utilities or his representative.

All excavations for building sewer installations that extend adjacent to public right-of-way shall be adequately guarded by the owner with barricades or lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(A) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, or subsurface drainage to any sanitary sewer.

(B) Stormwater and all other unpolluted drainage shall be discharged to those sewers as are specifically designated as combined sewers or storm drains, or to a natural outlet approved by the Manager of Utilities. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Manager of Utilities, to a storm drain, combined sewer, or natural outlet.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(A) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas, lubricating oils, or cutting oils.

(B) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.

(C) Any waters or wastes having a pH lower than 5.5, or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage system.

(D) Solid or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewerage system such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, either whole or ground by garbage grinders.

(E) Any liquid or vapor having a temperature higher than 150EF, or any discharge which causes the temperature of the influent to the treatment plant to exceed 104EF.

(F) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous to such a degree to cause obstruction at temperatures between 32EF. and 150EF.

(G) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower or greater shall be subject to the review and approval of the Manager of Utilities.

(H) Any waters or wastes containing strong acid from pickling wastes, or concentrated plating solutions whether neutralized or not.

(I) Any water or waste containing certain chemical constituents or similar objectionable or toxic substances that exceed the limits specified in the discharge permit issued to that industry. The current list of these constituents is available upon request from the City Utilities Office.

(J) Any waters or wastes containing phenols or other taste- or odor-producing substances, in concentrations exceeding limits which may be established by the Manager of Utilities as necessary, after treatment of the composite wastewater to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(K) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Manager of Utilities in compliance with applicable state and federal regulations.

(l) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, line slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(2) Excessive discoloration (such as, but not limited to, dairy wastes, dye wastes, and vegetable tanning solutions).

(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment plant.

(4) Unusual volume of flow or concentration of wastes constituting "slugs" as defined in § 52.001.

(M) Waters and wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(A) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 52.057, and which in the judgment of the Manager of Utilities, may have a deleterious effect on the sewerage system, processes, equipment, or receiving waters, or otherwise create a hazard to life or constitute a public nuisance, the Manager of Utilities shall require the discharger to obtain a wastewater discharge permit. The Manager of Utilities, at his discretion also may:

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.

(B) If the Manager of Utilities permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Manager of Utilities, and subject to the requirements of all applicable codes, ordinances, and laws.

(C) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Manager of Utilities, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients. However, interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Manager of Utilities and shall be located as to be readily and easily accessible for cleaning and inspection.

(A) When required by the Manager of Utilities, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Manager of Utilities. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

(B) (l) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with latest edition of "Standard Methods," and shall be determined at the control manhole provided, or on suitable samples taken at that control manhole.

(2) In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents on the sewerage system and to determine the existence of hazards to life, limb, and property.

No statement contained in this subchapter shall be construed as preventing any special agreement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor, by the industrial concern.

No user shall ever increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitations developed by the city or state.

(A) No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the city without obtaining a city permit for industrial wastewater discharge; nor shall any person discharge or cause to be discharged into the sewerage system any pollutant except in compliance with federal standards promulgated pursuant to prevailing federal law, and any more stringent state and local standards.

(B) The permit for industrial wastewater discharge may require restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the city, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the city created by the wastewater discharge, and other conditions as may be required to effectuate the purpose of this chapter.

(C) Each holder of a permit for industrial wastewater discharge shall conform to any federal pretreatment standards or other applicable requirements promulgated by the U.S. Environmental Protection Agency in accordance with applicable federal law including, but not restricted to, those requirements specified in 40 CFR 403.12. In addition, compliance is required in the event of the necessity for more stringent state or local standards.

(D) No permit for industrial wastewater discharge is transferable without the prior written consent of the Manager of Utilities.

(E) No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the permit should apply to the city for an amended permit.

(A) Applicants for a permit for industrial wastewater discharge shall complete an application form available at the office of the Manager of Utilities.

(B) Upon receipt of the permit fee prescribed in § 52.031, and of all required information, the application shall be processed. Upon being signed by the Manager of Utilities, one copy of the application shall be returned to the applicant. When properly signed, the application form shall constitute a valid permit for industrial wastewater discharge.

(C) The application shall be approved if the applicant has complied with all applicable requirements of this chapter and furnished to the city all required information and if the Manager of Utilities determines that there is adequate capacity in the sewerage facilities to convey, treat, and dispose of the wastewaters.

(D) The city may change the restrictions or conditions of a permit for industrial wastewater discharge from time to time as circumstances may require. The city shall allow an industrial discharger a reasonable period of time to comply with any changes in the permit required by the city.

(A) The Manager of Utilities may suspend a permit for industrial wastewater discharge for a period of not to exceed 45 days when suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety, or welfare, to the local environment or to the city's sewerage system.

(B) Any discharger notified of a suspension of his permit shall immediately cease and desist the discharge of industrial wastewater to the sewerage system. In the event of failure of the discharger to comply voluntarily with the suspension order, the Manager of Utilities shall take those steps as are reasonably necessary to ensure compliance.

(C) Any suspended discharger may file with the Manager of Utilities a request for a hearing by a Hearing Board constituted under the provisions of § 52.112. The Board shall meet within 14 days of the receipt by the Manager of Utilities of the request. The Board shall hold a hearing on the suspension and shall either confirm or revoke the action of the Manager of Utilities. Reasonable notice of the hearing shall be given to the suspended discharger. At this hearing, the suspended discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf.

(D) In the event that the Hearing Board fails to meet within the time set forth above or fails to make a determination within a reasonable time after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the Manager of Utilities.

(E) The Manager of Utilities shall reinstate the permit on proof of satisfactory compliance with all discharge requirements of the city.

(A) The Manager of Utilities may revoke a permit for industrial wastewater discharge on a finding that the discharger has violated any provision of this chapter. No revocation shall be ordered until a hearing on the question has been held by the Hearing Board. At this hearing, the discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf. Notice of the hearing shall be given to the discharger at least 15 days prior to the date of hearing.

(B) Any discharger whose permit has been revoked shall immediately stop all discharge of any liquid-carried wastes covered by the permit to any public sewer that is tributary to the sewerage system of the city. The Manager of Utilities may disconnect or permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked if this action is necessary to ensure compliance with the order of revocation.

(C) Before any further discharge of industrial wastewater may be made by the discharger, he must apply for a new permit for industrial wastewater discharge, pay all charges that would be required upon initial application together with all delinquent fees, charges, and penalties, and such other sums as the discharger may owe to the city. Costs incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for industrial wastewater discharge.

The Manager of Utilities may classify discharges of industrial wastewater by industrial categories and recommend the establishment of an industrial wastewater treatment surcharge based on the average flow quality and flow quantity for the industrial category adjusted by some commonly recognized parameter that establishes the relative size of the industrial discharger being discharged. This classification shall be in accordance with the federal government's "Standard Industrial Classification Manual," latest edition.

(A) All persons owning vacuum or "cesspool" pump trucks or other liquid waste transport trucks and desiring to discharge septic tank, seepage pit, interceptor, or cesspool contents; industrial liquid wastes; or other liquid wastes to sewerage facilities of the city or to facilities that discharge directly or indirectly to such sewerage facilities shall first have a valid trucker's discharge permit. All applicants for a trucker's discharge permit shall complete the application form, pay the appropriate fee, receive a copy of the city's regulations governing discharge to sewers of liquid waste from trucks, and shall agree, in writing, to abide by these regulations.

(B) Discharge of septic tank, seepage pit, interceptor, or cesspool contents, or other wastes containing no industrial wastes may be made by trucks holding a permit at any of the city's public dumping manholes. Trucks transporting industrial wastes shall be discharged only at the locations specified by the Manager of Utilities for the specific waste. The city may require payment for treatment and disposal costs or may refuse permission to discharge certain prohibited wastes.

(D) Any person negligently or willfully violating the city's requirements for liquid waste discharges from trucks shall be in violation of this section and may have his permit revoked by the Manager of Utilities.

All holders of permits for industrial wastewater discharge shall, at least annually, furnish the Manager of Utilities a written report on the quantity and quality of the discharge as demonstrated by parameters specified by the Manager of Utilities. Such specifications of parameters, however, do not relieve the discharger from reporting any and all other data that may be necessary to insure compliance with any other section of this subchapter.

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewerage system. Any person violating this section shall be subject to penalties under the criminal code of the state.

(A) The Manager of Utilities and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The federal and state personnel shall at all times be accompanied by the Manager of Utilities or his designated representative, except when the Manager of Utilities may forego the opportunity. The federal, state, or city personnel shall have no authority to inquire into any industrial processes beyond that point having a direct bearing on the kind and source of discharge to the sewers, waterways, or facilities for waste treatment.

(B) While performing the necessary work on private properties referred to in division (A) above, the Manager of Utilities or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and made known to city personnel prior to the entrance to said properties. The company shall be held harmless for injury or death of the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 52.069(A).

(C) The Manager of Utilities and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(A) Information and data provided by an industrial user to the Manager of Utilities, or his designated representative, identifying the nature and frequency of a discharge, is to be made accessible to the public. All other information which may be so submitted or which may be furnished by an industrial user to the city or its designated representatives in connection with required reports or by request shall also be available to the public, unless the industrial user is able to demonstrate to the satisfaction of the city that disclosure of such information or a particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets.

(B) Any request for confidential treatment of information and for access to such information shall be governed by procedures specified in 40 CFR Part 2.

(A) A Hearing Board shall be appointed as needed for arbitration of differences between the Manager of Utilities and sewer users on matters concerning interpretation and execution of the provisions of this chapter by the Manager of Utilities. The cost, if any, of the arbitration shall be divided equally between the city and the sewerage system user.

(B) One member of the Board shall be a registered professional engineer; one member shall be a practicing sanitary engineer; one member shall be a representative of an industry or manufacturing enterprise; one member shall be a lawyer admitted to the state bar; and one member shall be selected at-large for his interest in accomplishing the objectives of this chapter.

A monthly debt service fee in the amount of $10.65 per residential equivalent will be assessed by Carrollton Utilities. The debt service fee shall be charged to customers beginning at the time connection is made to the sewer system.

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to collect charges from all users who contribute wastewater to the city regional wastewater transportation system. The proceeds of such charges so derived will be used for the purpose of operating and maintaining the public wastewater collection system.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“BOD.” (denoting Biochemical Oxygen Demand) The quantity of oxygen utilized in the biochemical oxidation or organic matter under standard laboratory procedure in five days at 20^oC, expressed in milligrams per liter (mg/1).

“COMMERCIAL USER.” All retail stores, restaurants, office buildings, laundries, and other private business and service establishments.

“DEBT SERVICE.” Charges levied on users of the wastewater treatment works to support the annual debt service obligations of the system.

“GOVERNMENTAL USER.” Includes legislative, judicial, administrative, and regulatory activities of federal, state and local governments.

“INDUSTRIAL USER.” (IU) A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Clean Water Act.

“INSTITUTIONAL USER.” Includes social, charitable, religious, and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users.

“NORMAL DOMESTIC WASTEWATER.” Wastewater that has a BOD concentration of not more than 250 mg/l and a suspended solids concentration of not more than 250 mg/l and ammonia of not more than 30 mg/l.

“OPERATION AND MAINTENANCE.” Those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and for which such works were designed and constructed. The term "operation and maintenance" includes replacement as defined below.

“REGIONAL WASTEWATER TRANSPORTATION SYSTEM.” All portions of the wastewater collection and transportation system that serve the cities of Glencoe, Sparta and Sanders as well as the unincorporated areas that utilize the wastewater systems that serve these cities including the force main between the City of Sanders and the City of Worthville.

“REPLACEMENT.” Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

“RESIDENTIAL USER.” Any contributor to the city's treatment works whose lot, parcel or real estate, or building is used for domestic dwelling purposes only.

“TREATMENT WORKS.” Any devices and systems for the storage, treatment, recycling and reclamation of municipal wastewater, domestic wastewater or liquid industrial wastes. These include intercepting sewers, outfall sewers, wastewater collection systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof, elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

“TSS.” (denoting Total Suspended Solids) Solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.

“USEFUL LIFE.” The estimated period during which a treatment works will be operated.

“USER CHARGE.” The total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, replacement and debt service expenses of the wastewater treatment works.

“WATER METER.” A water volume measuring and recording device, furnished and/or installed by and approved by the Carrollton Utilities.

(A) The revenues collected, as a result of the user charges levied, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund, and a debt service fund.

(B) Fiscal year-end balances in the Operation, Maintenance, and Replacement Fund shall be used for no other purposes than those designated. Monies which have been transferred from other sources to meet temporary shortages in the Operation, Maintenance and Replacement Fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement.

(A) The following schedule of user charge rates shall apply to each user of the wastewater treatment works. This schedule includes rates for OM&R and rates for debt service charges, each based on the volume of metered or estimated water consumption.

(a) 5/8 or 3/4 inch. meter - $6.90 per 1000 gallons¹ with minimum bill of $6.90.

(a) All customers: $2.25 per Daily Design Rate² expressed in gallons per day with minimum of $900.

b. Non LMI⁴ - $0.75 per Daily Design Rate² expressed in gallons per day with minimum of $300.

1. Users that have more than one meter shall be billed at the next highest rate class.

2. The Daily Design Rate will be established for different customer classes using state plumbing code requirements (902 KAR 10:085) and/or Kentucky Division of Water wastewater facility design criteria.

3. In order to satisfy the time requirements of this reduced rate a customer must establish service with Carrollton Utilities for existing structures by the specified date.

(B) For residential, industrial, institutional and commercial users, monthly user charges will be based on actual water usage. If a residential, commercial, institutional, or industrial user has a consumptive use of water, or, in some other manner, uses water which is not discharged into the wastewater collection system, the user charge for that contributor may be based on readings of a wastewater meter(s) or separate water meter(s) installed and maintained at the user's expense.

(C) (1) For those users whose wastewater has a greater strength than normal domestic wastewater, a surcharge in addition to the normal user charge, will be collected.

(2) The following surcharge rates shall apply to each user of the treatment works that has received permission from Carrollton Utilities to contribute excessive strength sewage:

(G) (1) Method of billing surcharges. The excessive strength surcharge shall be based on the formula below, with the total applied to the monthly bill of affected users:

(3) No reduction in wastewater service charges, fees, or taxes shall be permitted because of the fact that certain wastes discharged to the wastewater works contain less than 250 mg/l of BOD, 250 mg/l of SS or 30 mg/l of ammonia.

(A) The city shall maintain financial records to accurately account for revenues generated by the treatment system and expenditures for operation and maintenance of the system, including normal replacement costs.

(B) The city shall review not less often than annually the wastewater contribution of users, the total cost of OM&R of the wastewater works, debt service obligations, and user charge rates. Based on such review, the City shall revise, when necessary, the schedule of user charge rates to accomplish the following:

(1) Maintain an equitable distribution of OM&R costs among users of the treatment system;

(2) Generate sufficient revenues to offset costs associated with the proper operation and maintenance of the wastewater system and to meet debt service requirements.

(3) Excessive strength and toxicity surcharges shall be reviewed at the time of and in conjunction with the review of user charges. Surcharge rates shall be revised where necessary to reflect current treatment and monitoring costs.

(4) Each user shall be notified, at least annually, in conjunction with a regular bill of the rate and that portion of the total charge which is attributable to OM&R of the wastewater system.

(A) All users shall be billed monthly. Billings for any particular month shall be made within ten days after the end of the month. Payments are due within twenty days after the end of the month. Any payment not received within thirty days after the end of the month shall be considered delinquent.

(B) When any bill is more than 60 days in default, water and/or wastewater service to such premise shall be disconnected until such bill is paid.

All procurements made by the City of Carrollton (hereafter referred to as “Grantee”) involving the expenditure of local, state and federal funds on CDBG Project will be made in accordance with the following procurement standards:

(A) Procurement transactions, regardless of method or dollar value, will maximize open and free competition. The city shall not engage in procurement practices that may be considered restrictive in trade.

(B) Purchases will be reviewed by the Treasurer to prevent duplication and to ensure that costs are reasonable.

Procurements shall be made by one of the following methods: (a) small purchase procedures; (b) competitive sealed bids; (c) competitive negotiation; or (d) non-competitive negotiation.

(1) For purchases of less than $50, efforts will be made to get the lowest and best price, but written records of such efforts are not necessary.

(2) Purchases that cost more than $50 but less than $20,000 require quotations of rate, price, etc., but no legal advertisement is required. The city will solicit responses from at least three vendors.

If written responses are not available, a statement explaining the procurement will be prepared and filed. If quotations are obtained via telephone, a memorandum will be prepared setting forth the date the calls were made, parties contacted, and prices obtained.

(3) The city will make the award to the lowest responsive and responsible source, and enter into a contract formalizing the scope of work and terms of compensation.

(1) Bidding will be employed when detailed specifications for the goods or services to be procured can be prepared and the primary basis for award is cost. When the cost of a contract, lease or other agreement for materials, supplies, equipment or contractual services other than those personal or professional exceeds $20,000, an Invitation for Bids (IFB) notice will generally be prepared. Per KRS 424.120, this notice will be published at least once in a qualifying official newspaper of general circulation within the community. This newspaper notice will appear not less than 7 days and not more than 21 days before the due date for bid proposals. In addition, the city must also solicit sealed bids from responsible prospective suppliers by distributing a copy of the notice to them.

(2) The IFB will include a general description of the goods or services to be procured, the bid deposit and bond performance required (if applicable), the location where bid forms and specifications may be secured, the time and place for opening bids, and whether the bid award will be made on the basis of the lowest bid price or the lowest evaluated price. If the lowest evaluated price is used, the measurable criteria to be utilized must be stated in the IFB. The newspaper notice must also contain language that calls to the attention of bidders all applicable requirements that must be complied with such as Section 3 of the 1968 Housing Act, Section 109 of the 1974 Housing and Community Development Act, the Civil Rights Act of 1964, Executive Order 11246 and the Davis-Bacon Act.

(3) (a) Sealed bids will be opened in public at the time and place stated in the IFBs. The city will tabulate the bids at the time of bid opening. The results of the tabulation and the bid documents will be evaluated by the review committee, which will make recommendations to the city. The city will make a firm fixed-price contract award in writing to the lowest responsive and responsible bidder. After the city makes the bid award, a contract will be prepared for execution by the successful bidder. After the contract is signed, all bid deposits will be returned to all unsuccessful bidders.

(b) The city may cancel an Invitation for Bid or reject all bids if it is determined in writing that such is in the best interests of the city. The city may allow a vendor to withdraw a bid if requested at any time prior to the bid opening. Bids received after the time set for bid opening shall be returned to the vendor unopened.

(4) In the event that all bids exceed available funds, the city may enter into negotiations with bidders in accordance with KRS 45A.375.

(1) The city will utilize competitive negotiations, regardless of contract amount, upon a written determination that:

(a) Specifications cannot be made specific enough to permit the award of a bid on the basis of either the lowest bid price or the lowest evaluated bid price (in other words, bidding is not feasible).

(2) With the exception of procurement of certain professional services (principally engineering services), competitive negotiations will proceed as follows:

(a) Proposals will be solicited through a qualifying official newspaper advertisement; additionally, a Request for Proposal (RFP) may be prepared and mailed to qualified vendors. The newspaper advertisement must be published at least 7 days and not more than 21 days before the date for receipt of the proposals. The RFP will describe services needed and identify the factors to be considered in the evaluation of proposals and the relative weights assigned to each selection factor. The RFP will also state where further details regarding the RFP may be obtained. The RFP will call attention to the same regulations discussed in the bidding process. Requests for proposals will always include cost as a selection factor except for engineering services.

(b) Award must be made to the offeror whose proposal is determined by the review committee to be most advantageous to the program, with price and other factors considered. Evaluations must be based on the factors set forth in the Request for Proposal and a written evaluation of each response prepared. The review committee may contact the firms regarding their proposals for the purpose of clarification and record in writing the nature of the clarification. If it is determined that no acceptable proposal has been submitted, all proposals may be rejected. New proposals may be solicited on the same or revised terms or the procurement may be abandoned.

(3) For the procurement of architectural/engineering (A/E) professional services, an alternative to RFPs may be used. The city may publish a Request for Qualifications. RFQs are handled in a similar method to RFPs, with the exception that cost is not a factor in the initial evaluation. A review committee will evaluate the responses and rank them by comparative qualifications. The highest scoring person or firm will be contacted and the selection committee will negotiate cost.

If the committee is unable to negotiate a satisfactory cost arrangement, the second highest scoring person or firm will be invited to negotiate. The committee will maintain a written record of all such negotiations.

(1) Non-competitive negotiations may be used for procurements in excess of $20,000 when sealed bidding or competitive negotiations are not feasible. The city may purchase goods and services through non-competitive negotiations when it is determined in writing that competitive negotiation or bidding is not feasible and that one of the following circumstances applies:

(a) An emergency exists which will cause public harm as a result of the delay caused by following competitive purchasing procedures; or

(d) The state has authorized the particular type of non-competitive negotiation (e.g., the procurement of services by an Area Development District).

(2) Procurement by non-competitive negotiation requires the strictest attention to the observation of impartiality toward all suppliers. The Commonwealth of Kentucky must approve all procurements by noncompetitive negotiation when only one supplier is involved or only one bid or response to an RFP/RFQ is received.

Generally, all procurement in excess of $500 will be memorialized and supported by a written contract. Where it is infeasible or impractical to prepare a contract, a written finding to this effect will be prepared and a purchase order regarding the transaction will also be prepared. The contractual provisions required by "The Common Rule" will be included in all contracts and purchase orders.

All source documents supporting any given transaction (receipts, purchase orders, invoices, RFP/RFQ data, and bid materials) will be retained and filed in an appropriate manner. Where feasible, source documents pertinent to each individual procurement shall be separately filed and maintained. Where it is infeasible to maintain individual procurement files, source documents will be filed and maintained in a reasonable manner (examples include chronologically, by vendor, by type of procurement, etc.). Whatever form of documentation and filing is employed, the purpose of this section is to insure that a clear and consistent audit trail is established. At a minimum, source document data must be sufficient to establish the basis for selection, basis for cost (including the issue of reasonableness of cost) and basis for payment.

Efforts will be made and documented to solicit participation of locally-owned, minority-owned, female-owned and small businesses. Where feasible, evaluation criteria will include a factor with an appropriate weight for these firms. A list of locally-owned, minority-owned, female-owned and small businesses and also minority businesses located within the trade region shall be maintained and utilized when issuing IFBs, RFPs and RFQs. This list shall also be consulted when making small purchases.

(1) No elected official, employee or designated agent of the city will participate or have an interest in the selection or in award or administration of any procurement transaction if a conflict of interest, real or apparent, exists.

(2) A conflict of interest occurs when the official, employee or designated agent of the city, partners of such individuals, immediate family members within a first degree relationship by affinity or consanguinity, or an organization which employs or intends to employ any of the above has a financial or other interest in any of the firms selected for an award.

(B) Acceptance of gratuities. No elected official, employee or designated agent of the city shall solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, subcontractors or potential subcontractors.

WASTEWATER PROJECT AFFIRMATIVE ACTION PLAN/GRIEVANCE PROCEDURE FOR THE HANDICAPPED

The City of Carrollton agrees to implement the following specific affirmative action steps directed at increasing opportunities for training and employment for lower income residents of the regional wastewater project area, and increasing the utilization of business concerns within the Section 3 covered area or owned by Section 3 area residents.

(A) To identify projected work force needs for all phases of the program by occupation, trade, skill level, and number of positions and to develop utilization goals for the employment of lower income project area residents for each.

(B) To attempt to recruit from within the city the requisite number of project area residents through: local advertising media; posted signs; and community organizations and public and private institutions operating within or serving the project area.

(C) To identify eligible business concerns for CDBG-assisted contracts through: the Chamber of Commerce, the Urban League, local advertising median including public signage; project area committees, citizen advisory boards; lists available through CDBG program officials; regional planning agencies, and all other appropriate referral sources.

(D) To maintain a list of eligible business concerns for utilization in CDBG-funded procurements, to insure that all appropriate project area business concerns are notified of pending contractual opportunities, and to make available this list for general city procurement needs.

(E) To require all bidders on contracts to submit a written Section 3 Plan including utilization goals and the specific steps planned to accomplish these goals.

(F) To insure that contracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area.

(G) To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken.

(H) To appoint or recruit an executive official of the county as Equal Opportunity Officer to coordinate the implementation of this Section 3 Plan.

(A) Any person (employee or citizen) who believes that he/she has been subjected to discrimination as prohibited by Section 504 of the Rehabilitation Act of 1973 and pursuant regulations at 24 CFR Part 8 published in the Federal Register on June 2, 1988, may personally or by a representative, file a complaint with the Mayor of the City of Carrollton, Kentucky. A person who has not personally been subjected to discrimination may also file a complaint.

(B) When any person, (employee, citizen or applicant) who believes he/she has been adversely affected by an act or decision by Carrollton, Kentucky, and that such act or decision was based on handicapped status, he/she will have the right to process a complaint or grievance in accordance with the following procedure.

(1) Step one. An aggrieved person must submit a written statement to the Mayor setting forth the nature of the discrimination alleged and facts upon which the allegation is based.

(a) The Mayor shall contact the complainant no later than 15 days after receiving the written statement to establish an informal meeting with the objective of resolving the matter informally. However, in no case shall the informal meeting be conducted sooner than five days or more than 45 days after receiving the written statement.

(b) There shall be prepared a written documentary of the discussions at the informal meeting, which shall be preserved in the records of the City of Carrollton.

(3) Step three. Within 15 days of the informal meeting, if no decision has been made by the Mayor, or the decision of the Mayor does not satisfy the complainant, he/she may request a hearing with the Carrollton City Council by submitting a written request to the Mayor.

(a) In thus discussing the grievance, the complainant may designate any person of his/her choice to appear with him/her and participate in the discussion. The Carrollton City Council shall require the Mayor to participate in the discussion of the grievance, when it is brought before the City Council. The City Council shall issue a written decision on the matter within 15 days, and the decision shall be the final procedure for the complainant at the local level.

(b) There shall be prepared a written documentary of the discussion at the hearing, which shall be preserved in the records of Carrollton, Kentucky.

(A) Any person found to be violating any provision of this chapter except § 52.100 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Persons in violation of a valid permit for industrial waste discharge are subject to the provisions of §§ 52.085 through 52.091 of this chapter.

(B) Any person who shall continue any violation beyond the time limit provided for in division (A) above shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount of not less than $200 or more than $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

(C) Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation.

(D) Any person violating §§ 52.145 through 52.150 shall be subject to the provisions that follow:

(1) Any elected official, employee or designated agent of the city who knowingly and deliberately violates the provisions of this code will be open to civil suit without the legal protection of the city. Furthermore, such a violation of these procurement standards is grounds for dismissal by the city.

(2) Any contractor or potential contractor who knowingly and deliberately violates the provisions of these procurement standards will be barred from future transactions with the city.

(A) No person shall make any connection to the city's waterworks system without a permit issued by the Utilities Commission. The person shall pay a fee for the permit as shall be established by the Utilities Commission. ('78 Code, § 12-74)

(B) All water connections shall be made in conformity with the rules and regulations of the Utilities Commission. ('78 Code, § 12-75)

(A) It shall be unlawful for any person to turn on or break the seal of any meter without proper authorization from the city.

(B) It shall be unlawful for any person to suffer or permit a violation of division (A) to occur on any premises under his control.

The following water rates are hereby established for the different classifications of system users as described below.

⁽¹⁾ Requirement: wholesale customer must maintain an average annual consumption above 1,000,000 gallons per month, per account to be eligible for the wholesale rate.

(Ord. 03-17, passed 7-22-03; Am. Ord. 04-04, passed 3-23-04; Am. Ord. 04-14, passed 7-20-04; Am. Ord. 05-10, passed 7-26-05; Am. Ord. 06-13, passed 5-23-06; Am. Ord. 07-30, passed 7-26-07; Am. Ord. 08-07, passed 6-9-08)

Whoever violates any provisions of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than 30 days, or both, for each offense.

Location	First 1,000 gallons (minimum)	Over 1,000 gallons (per 1,000 gallons)
Within the city limits	$6.81	$2.73
Areas outside the geographical limits of the city	$8.16	$3.27
Prestonville Extension	$8.16 + $3.60*	$3.27 + $3.34*
Regional Sewer Project Size of water meter 5/8-inch - 3/4-inch 1-inch - 2-inches Over 2-inches	$6.90 $16.30 $20.50	$6.90 $16.30 $20.50
I-71/Highway #35 Service Area - a debt service recovery fee of $0.5824 per 100 gallons shall be charged effective May 1, 2006 and shall continue until the capital cost incurred to serve the area is recovered. The I-71/Highway #35 Service Area is defined as all customers served by the either of the sewer pump stations located near the I-71 Sparta interchange.
2000 US 42 Extension**	$8.16	$3.27
* Reflects debt service fees based on Chapter 50.102 of the City of Prestonville ordinances
** An additional debt service fee of $10.65 per month per residential equivalent will be charged as stated in Ordinance No. 00-14, effective June 2000.

Location	First 1,000 gallons (minimum)	Over 1,000 gallons (per 1,000 gallons)
Within the city limits	$7.15	$2.87
Areas outside the geographical limits of the city	$8.57	$3.43
Prestonville Extension	$8.57 + $3.60*	$3.43 + $3.34*
Regional Sewer Project Size of water meter 5/8-inch - 3/4-inch 1-inch - 2-inches Over 2-inches	$6.90 $16.30 $20.50	$6.90 $16.30 $20.50
I-71/Highway #35 Service Area - a debt service recovery fee of $0.5824 per 100 gallons shall be charged effective May 1, 2006 and shall continue until the capital cost incurred to serve the area is recovered. The I-71/Highway #35 Service Area is defined as all customers served by the either of the sewer pump stations located near the I-71 Sparta interchange.

Location	First 1,000 gallons (minimum)	Over 1,000 gallons (per 1,000 gallons)
2000 US 42 Extension**	$8.57	$3.43
* Reflects debt service fees based on Chapter 50.102 of the City of Prestonville ordinances
** An additional debt service fee of $10.65 per month per residential equivalent will be charged as stated in Ordinance No. 00-14, effective June 2000.

Location	First 1,000 gallons (minimum)	Over 1,000 gallons (per 1,000 gallons)
Within the city limits	$8.54	$4.65
Areas outside the geographical limits of the city	$9.82	$5.16
Prestonville Extension	$9.82 + $3.60*	$5.16 + $3.34*

Location	First 1,000 gallons (minimum)	Over 1,000 gallons (per 1,000 gallons)
Regional Sewer Project Size of water meter 5/8-inch - 3/4-inch 1-inch - 2-inches Over 2-inches	$8.95 $18.25 $22.55	$8.95 $18.25 $22.55
I-71/Highway #35 Service Area - a debt service recovery fee of $0.5824 per 100 gallons shall be charged effective May 1, 2006 and shall continue until the capital cost incurred to serve the area is recovered. The I-71/Highway #35 Service Area is defined as all customers served by the either of the sewer pump stations located near the I-71 Sparta interchange.
2000 US 42 Extension**	$9.82	$5.16
* Reflects debt service fees based on Chapter 50.102 of the City of Prestonville ordinances
** An additional debt service fee of $10.65 per month per residential equivalent will be charged as stated in Ordinance No. 00-14, effective June 2000.

	Classification
Rate	In-Town	Out-of-Town	Gen. Butler Extension⁽²⁾
First 1,000 gal.	Minimum (see below)	Minimum (see below)	Minimum (see below)
Next 4,000 gal.	$3.64 per 1,000 gal.	$4.55 per 1,000 gal.	$4.55 + $0.97 per 1,000 gal.
Next 20,000 gal.	$3.27 per 1,000 gal.	$4.10 per 1,000 gal.	$4.10 + $0.97 per 1,000 gal.
Next 35,000 gal.	$2.91 per 1,000 gal.	$3.64 per 1,000 gal.	$3.64 + $0.97 per 1,000 gal.
Next 40,000 gal.	$2.54 per 1,000 gal.	$3.17 per 1,000 gal.	$3.17 + $0.97 per 1,000 gal.
Over 100,000 gal.	$2.39 per 1,000 gal.	$2.98 per 1,000 gal.	$2.98 + $0.97 per 1,000 gal.
Wholesale rate ⁽¹⁾	$1.84 per 1,000 gal.
⁽¹⁾ Requirement: wholesale customer must maintain an average annual consumption above 1,000,000 gallons per month, per account to be eligible for the wholesale rate. ⁽²⁾ Rate applies to General Butler State Park and all other customers served by the General Butler Booster Station and Tank, including but not limited to, Deer Run Subdivision and Riverwood Subdivision.

Minimum Charges:
Meter Size:	In-Town Rate	Out-of-Town Rate	Gen. Butler Extension⁽¹⁾
5/8 or 3/4 inch	$10.01	$12.54	$13.66
1 inch	$11.12	$13.89	$15.02
1.25 or 1.5 inch	$11.94	$14.92	$16.04
2 inch	$14.86	$18.55	$19.68
3 inch	$19.61	$24.50	$25.62
4 inch	$26.32	$32.91	$34.03
6 inch	$43.43	$54.41	$55.53

Meter Size	Charge
5/8 or 3/4 inch meter	$350.00
1 inch meter	$450.00
2 inch or larger	$ cost plus 10%

Sprinkler Systems (size of line)	Charge
2 inch service line into building	$16.93 per month
4 inch service line into building	$23.49 per month
6 inch service line into building	$30.06 per month
8 inch or larger service line into building	$104.79 per month
Fire Hydrants
Maintained by Carrollton Utilities	$91.16 per year
Maintained by customer	$72.93 per year