A. Charge Levied: For the purpose of providing funds to meet the costs of operating the city's wastewater collection and conveyance system and wastewater treatment plant and the facilities connected therewith, and the payment of capital charges represented by bond, certificates of indebtedness, or otherwise, which may be issued to finance the cost of additional treatment facilities, and the payment of reasonable requirements for replacement and obsolescence thereof, there is hereby levied and assessed upon each lot, parcel of land, building, or premises having any connection with the city's public sewer system, or otherwise discharging sewage, industrial wastes, water, or other liquids directly or indirectly into the public sewer system of the city, a sewer rental charge as hereinafter provided.
B. Basis Of Charge: The sewer rental to be so charged against any property within the city of the general municipal user category shall be based upon the quantity of water used at each lot, parcel of land, building or premises as the water is measured by the water meter or meters there in use. Industrial or other users which discharge flows with concentration in BOD, SS, or other components that effect the treatment process and costs shall be charged a sewer rental which appropriately covers such additional costs.
C. Discharge Of Noncity Water Into System: In the event any lot, parcel of land, building or premises discharging sanitary sewage, industrial wastes, water or other liquids into the sanitary sewer system of the city, either directly or indirectly, is supplied in whole or in part with water not obtained from the city, the owner or occupant of such property shall cause to be installed, necessary metering equipment as approved by the public works director to measure the quantity of water pumped or used, and the sewer rental charge shall be based on the quantity of water so measured. Whenever the owner, lessee, or occupant fails to install such metering equipment, or where it is not practicable to measure the water consumed on any premises by a meter or meters, the public works director shall cause to be determined in such manner and by such methods as may be practicable, considered conditions and attendant circumstances in each case, the estimated volume of water from private sources which discharge into the sanitary sewer system, and such estimate shall be used in lieu of the meter volume of water from private sources to determine the sewage rental charge thereon and therefor.
D. Unit Costs: The BPUC shall annually determine and fix the unit costs for use of the sewer system on the basis of flow (including infiltration/inflow), BOD, SS and any other pollutant, taking into consideration the cost of treatment of such sewage, and may increase or decrease such unit cost as often and in such amounts as may reasonably be required to accomplish the purpose of this chapter. (2002 Code)
E. Billings:
1. Monthly Bill: Based upon the prior month's water meter reading, the public utilities commission of the city shall send to each sewer user a statement of the amount due for sewer used the past month, also including any past due balance, which amount shall be due and payable to the public utilities commission on or before the tenth of the following month and if not then paid, shall be in default. The amounts due to the public utilities commission for sewer usage will be computed in accordance with the provisions of this chapter and statements will be rendered at the same time and on the same bill with the city water and other utilities statements. (Ord. 2006-25, 8-15-2006)
2. Delinquencies: Billings in default shall be charged a ten percent (10%) surcharge thereon, plus additional late fees shall be assessed every monthly billing period thereafter using the same calculation and an additional fee shall be assessed if the city has to certify the delinquent fee to the county for collection with real estate taxes. In addition, the city reserves the right to delegate the collection of delinquent accounts to collection agencies under contract with the city, bring civil action, or collect by any other remedy available at law. The city reserves right to deny future utility services at any other address within the city if the utility bill customer has a delinquent or outstanding utility bill at any other previous address within the city. (Ord. 2008-9, 6-3-2008)
3. Shutoff For Nonpayment: In the event any sewer user shall be in default in the payment of any utility bill exceeding sixty (60) days, such water service, if provided by the city, shall be turned off until such utility bill is paid together with a shutoff fee and an additional fee to cover the cost of turning the water back on again. Said fees shall be set from time to time by the city council. The fees and provisions set forth for shutoff for nonpayment in chapter 1 of this title for waterworks shall likewise apply for this chapter. (Ord. 2006-25, 8-15-2006)
F. Audits: The BPUC shall once each year provide an internal audit report that will address specific areas of concern including the need to generate sufficient revenue through user charges to cover total O&M costs, the necessity of maintaining a proportionate system of user charges pursuant to 40 CFR 35 93513 (b) and the need to review the replacement account to determine its proper level of funding.
G. Service Outside City; Charges: Property outside the city limits which is served by and uses the sanitary sewer system shall pay the same amount of sewer rental as prescribed in the above unit costs for property inside the city limits. Additional costs may be applied for providing such service to properties outside the city limits if such extra costs are specifically related to serving those properties. Charges for sewer service to property outside the city limits, which is served by a collection system maintained by another governmental subdivision shall be the subject of agreements between the city and such other governmental subdivision, such agreement to be approved by the BPUC and the city council. (2002 Code)
H. Water Bills; Sewer Service Charges: (Rep. by Ord. 2006-25, 8-15-2006)
I. Collection With Taxes: Nothing in this chapter shall be held or construed as in any way stopping or interfering with the city's right to levy as taxes against any premises affected, any delinquent or past due sewer charges. Each and every sewer charge levied by and pursuant to this chapter is hereby made a lien upon the lot, land, or premises served, and all such charges which are past due and delinquent shall be certified to the city clerk, who shall prepare an assessment roll providing for assessment of the delinquent amount against the respective property served. The assessment roll shall be delivered to the city council for adoption after due notice is given by mail to the affected property owner. Upon such adoption, the clerk shall certify the assessment roll to the county auditor for collection along with taxes as authorized under Minnesota statutes section 444.075 after the city council holds a public hearing regarding the proposed assessment. To appeal this assessment, the property owner must present a written objection to the assessment at said public hearing and then file a district court action in Crow Wing County within thirty (30) days of said public hearing. The provisions set forth for certification of unpaid charges in chapter 1 of this title for waterworks shall likewise apply for this chapter. (Ord. 2008-9, 6-3-2008)
J. Civil Action: Any charges levied by and pursuant to this chapter, not paid and becoming delinquent may be recovered from the occupant of the premises served in a civil action by the city in any court of competent jurisdiction, if the city elects to do so.
K. Deposit Of Funds: The monies received from the rates and charges herein established shall be deposited in the sewage disposal fund of the BPUC and in accordance with any bond resolution or amendment directing their payment.
L. Allocation Of Costs: The cost to be recovered pursuant to this chapter and the unit cost to be fixed by the BPUC shall be determined and allocated in each of the following categories:
1. Category A, Operation And Maintenance Of City's Wastewater Collection, Conveyance, And Treatment Facilities: This category includes the cost of administration, operation, maintenance and replacement for the city's wastewater collection, conveyance, and treatment facilities, including sludge disposal costs, and including an amount for replacement costs of equipment and real property which shall be segregated in a separate fund. Replacement costs are 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.
2. Category B, Industrial Pretreatment Charge: An industrial pretreatment charge is imposed upon all industrial units subject to national or local industrial pretreatment requirements. The industrial pretreatment charge shall be the amount necessary to recover administrative costs associated with permitting and monitoring the discharge of industrial wastewater into the city's wastewater disposal system. The BPUC may adopt charges and fees in this category which may include:
a. Fees for reimbursement of costs of setting up and operating the city's pretreatment program;
b. Fees for monitoring, inspections and surveillance procedures;
c. Fees for reviewing accidental discharge procedures and construction;
d. Fees for reviewing permit applications;
e. Fees for filing appeals;
f. Other fees as the BPUC may deem necessary to carry out the requirements contained herein.
M. Industrial Users Charge: The category A industrial user charges for administration, operation, maintenance and replacement of the wastewater collection conveyance, and treatment facilities shall be determined as follows:
1. Unit costs for flow, BOD, and SS shall be calculated by apportioning each category cost to flow, BOD, and SS, and then dividing each cost so apportioned by the total estimated flow, BOD, and SS to be received at the wastewater treatment plant in that year.
2. Industrial user charges shall be the sum of the procedures obtained by multiplying the unit costs as determined above by the user's actual flow, BOD, and SS during the billing period. However, in no case shall the charge be less than that determined by applying the prevailing domestic flow rate charge to the user's actual flow. In addition to the charges provided for herein, the BPUC may impose a surcharge on any industrial user pursuant to the requirements hereinbefore or based on some other pollutant loading factor which requires special treatment at the wastewater treatment plant.
3. Industrial sewer service charges will include user charges and may also include the annual interest and principal costs necessary to retire any bonds issued to pay for construction with such debt retirement costs to be determined and allocated in the same manner as described for annual operating costs hereinbefore.
N. Measurements Of Strength And Volume: When required by the public works director, each industrial user shall install suitable measuring, sampling, and analyzing devices in compliance with the sewer use code, as required hereinbefore. The public works director shall not require installation of such devices where the industrial user has concentrations of BOD, and suspended solids no greater than the concentrations of such constituents in the general municipal flow and a satisfactory method and access exist for sampling and determining the total daily sewage flow. In such cases, the charges to those industrial users shall be based on the flow rate as determined and on BOD, and SS loads equal to the average load of the general municipal flow. Each industrial user required by the public works director to install and maintain sewerage monitoring facilities shall submit to the public works director a monthly report of daily flow, BOD, and SS, on a form approved by the public works director. This report shall be used for billing purposes and shall be submitted prior to the fifteenth day of the subsequent month. The public works director shall have the right to periodically or continuously inspect the monitoring facilities, to measure, sample, and analyze the user's flow and to analyze the samples obtained by the industrial user. In the event of any discrepancy between the flows or loads determined by the public works director and the industrial user, the values determined by the public works director shall be used for billing purposes. All measurements, tests, and analyses of the characteristics of sewage concentration shall be determined in accordance with the latest edition of "Standard Methods For The Examination Of Water And Wastewater", published by the American Public Health Association and shall be determined at the control manhole provided or upon suitable samples taken at said manhole. In the event that no special manhole is available, 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. A twenty four (24) hour composite sample of the sewage shall be taken by the public works director at least once each year on those customers being assessed a surcharge for the purpose of verifying sample results.
O. Charges For Nonindustrial Users:
1. The category A charge for general users for this chapter shall be determined as follows: unit costs for flow, BOD, SS shall be calculated by apportioning the total annual cost of category A to flow, BOD, and SS. The general users charge shall be the sum of the products obtained by multiplying the unit costs as determined above by the flow, BOD, and SS loadings of one thousand (1,000) gallons of domestic wastes.
2. The charges to domestic users shall be the product of the unit cost obtained in accordance with subsection O1 of this section and the quantity of water used by such user as measured by the city water meter on the premises. The charges to commercial users with BOD and SS concentrations equal to or less than domestic wastes shall be the product of the unit cost obtained in accordance with subsection O1 of this section and the quantity of water used by such user as measured by the city water meter on the premises. The charges to institutional users with BOD and SS concentrations equal to or less than domestic wastes shall be the product of the unit cost obtained in accordance with subsection O1 of this section, and the quantity of water used by such user as measured by the city water meter on the premises. The charges to governmental users with BOD and SS concentrations equal to or less than domestic wastes shall be the product of the unit cost obtained as described above and the quantity of water used by such user as measured by the water meter on the premises. In the event a general municipal user is not supplied with city water or the water so used is not measured, the user charge shall be fixed and determined by the public works director by such methods as he may find just, equitable, and practicable. In the event sewer service is disconnected by the city during any quarter for any reason, the sewer service charge shall be reduced proportionately in the same manner that water service rates are reduced. If a substantial portion of the water utilized by any user is not discharged into the sewer system, the volume of such water shall be deducted in computing the sewer use charge, provided a separate meter is installed to measure such volume. The user desiring to install such separate meter shall make application and payment for the meter to the public works director and engage, at his own expense, a plumber to effect the necessary piping changes and install the couplings so the meter can be set. Nonindustrial sewer service charges will include user charges and may also include the annual interest and principal cost necessary to retire any bonds issued to pay for construction with such debt retirement costs to be determined and allocated in the same manner described for annual operating costs hereinbefore.
P. Control Structure: When required by the public works director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control structure, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of wastes. The structures and equipment when required shall be constructed at the owner's expense in accordance with plans approved by the public works director and shall be maintained by the owner so as to be safe and accessible at all times. See subsection 8-2-11B of this chapter for specific requirements for a control structure (monitoring point).
Q. Measurement, Tests, Standard: All measurements, tests, and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined in accordance with 40 CFR 136 (guidelines establishing test procedures for analysis of pollutants), the latest edition of "Standard Methods For The Examination Of Water And Wastewater", and shall be determined at the control structure provided, or upon suitable samples taken at said control structure. In the event that no special structure has been required, the control structure shall be construed to be the nearest downstream manhole in the public sewer from the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24 hour composite of all outfalls of a premises is appropriate, or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composite of all outfalls whereas pHs are determined from periodic grab samples.)
R. Other Test: The public works director may conduct such tests as are necessary to enforce this regulation, and employees of the BPUC may enter upon any property for the purpose of taking samples, obtaining information or conducting surveys or investigations relating to such enforcement. Entry shall be made during operating hours unless circumstances require otherwise. In all cases where tests are conducted by the public works director for the purpose of checking to determine if a previously found violation of this chapter has been corrected, the cost of such tests shall be charged to the user or added to the user's sewer charges. In those cases where the public works director determines that the nature or volume of a particular user's sewage requires more frequent than normal testing, the public works director may charge such user for the tests, after giving the user ten (10) days' written notice of its intention to do so, and the cost thereof shall be added to the user's sewer charge. In any case where industrial wastes are discharged to a public sewer, the public works director may require the user at his own expense to test the discharge on a regular basis and to report the test results to the public works director within a reasonable time. All such tests shall be as ordered by the public works director and shall be conducted by qualified personnel in accordance with the standards set out in this chapter. See section 8-2-11 of this chapter for the specific requirements for sampling and testing for industries with discharge permits.
S. Other Fees: The fees and provisions set forth for excavation permits, inspection fees and nonuser fees in chapter 1 of this title for waterworks shall likewise apply to this chapter. (2002 Code)