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Whenever the Director finds that any person has violated or is violating this subchapter, a wastewater discharge permit or any prohibition, limitation or requirement contained herein, the Director may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the city by the user.
(Ord. 297, passed 3-1-2022)
(A) Notice of hearing. If the violation is not corrected by timely compliance, the Director may order any user which causes or allows an unauthorized discharge to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reason why the action is to be taken, the proposed enforcement action and directing the user to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(B) Hearing officials. The City Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the city to:
(1) Issue in the name of the City Council notice of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in such hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
(C) Transcripts. At any hearing held pursuant to this subchapter, testimony taken must be under oath and recorded. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(D) Issuance of orders. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sanitary sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Ord. 297, passed 3-1-2022)
If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this subchapter, federal or state pretreatment requirements or any order of the city, the City Attorney may, following the authorization of such action by the City Council, commence an action for appropriate legal and/or equitable relief.
(Ord. 297, passed 3-1-2022)
A list of the users which were significantly violating applicable pretreatment requirements or national categorical pretreatment standards during the 12 previous months shall be annually published by the city in a local newspaper. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. For the purposes of this provision, significant violations would be those violations which remain uncorrected 45 days after notification of noncompliance; which are part of a pattern of noncompliance over a 12 month period; or which involve a failure to accurately report noncompliance.
(Ord. 297, passed 3-1-2022)
(A) Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this subchapter and shall be entitled to a written reply from the city.
(B) Any decision of the Director in the enforcement of this subchapter may be appealed to the City Council by filing a written petition with the City Administrator within 30 days of the Director's ruling. The petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. The petition shall show the names, addresses and telephone numbers of all objectors and their attorney at law or spokesperson. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the Director shall file within 72 hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reason.
(C) The City Council shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of the hearing to parties named in the petition as attorney or spokesperson. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition after which the Director may present evidence in support of his decision. The City Council shall decide the appeal within a reasonable time and notify the attorney or spokesperson. The minutes of the Council shall constitute the official record of the petition, hearing and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense.
(Ord. 297, passed 3-1-2022)
SANITARY SEWER SERVICE CHARGE SYSTEM
(A) The city establishes a sanitary sewer service charge system (SSCS) whereby all revenue collected from users of the wastewater treatment facilities will be used to affect all expenditures incurred for annual operation, maintenance, replacement, and debt service on capital expenditure incurred in constructing the wastewater treatment works.
(B) Sanitary sewer service rates and charges to users of the wastewater treatment facility shall be determined and fixed in a sanitary sewer service charge system developed according to the provisions of this subchapter. The sanitary sewer service charge system shall be adopted by ordinance upon enactment of this subchapter, shall be published in the local newspaper and shall be effective upon publication. Subsequent changes in sanitary sewer service rates and charges shall be adopted by Council resolution or ordinance and shall be published in the local newspaper.
(C) Revenues collected for sanitary sewer service shall be deposited in a separate fund known as "The Sanitary Sewer Fund." Income from revenues collected will be expended to offset the cost of operation, maintenance, and equipment replacement for the facility and to retire the debt for capital expenditure.
(D) Sanitary sewer service charges and the Sanitary Sewer Fund will be administrated in accordance with the provisions of § 52.128.
(E) Rates for significant industrial users (SIU) sanitary sewer services shall be calculated based upon their impact on the plant's capacity and treatment systems (TSS, BOD, phosphorous, ammonia, and the like) as outlined in their discharge permit.
(Ord. 297, passed 3-1-2022)
(A) User classes.
(1) Users of the city wastewater treatment works shall be identified as belonging to one of the following user classes:
(a) Residential/commercial/institutional; or
(b) Significant industrial user (SIU).
(2) The allocation of users to these categories for the purpose of assessing user charges and debt service charges shall be the responsibility of the Director of Finance and City Administrator. Allocation of users to user classes shall be based on the substantive intent of the definitions of these classes contained herein.
(B) Operation, maintenance, debt service, capital equipment, and replacement costs. The user shall pay operation, maintenance, and replacement costs in proportion to the user's proportionate contribution of wastewater flows and loadings to the treatment plant. The Director of Finance will recommend sanitary sewer base rates and flow rates on an annual basis to City Council giving consideration to the Sanitary Sewer Fund's operating, capital, debt service, and forecasted capital improvement plan. The Sanitary Sewer Fund is to be entirely self-supporting through the payment of base rates and flow rates. Base rates will cover all capital costs, debt service, and forecasted capital improvement plan. Flow rates will be set to recover annual operating costs for the sanitary sewer system.
(C) User charges for normal domestic strength users. Calculating billable flows and loadings.
(1) The billable amount of flow will be calculated from the volume of metered water usage. The monthly billable flow shall be equal to monthly metered water usage rounded to the nearest 1,000 gallon mark.
(2) For users discharging NDSW but not connected to the city water system, the billable amount of flow will be calculated from the volume of their well's metered water usage or, at the discretion of the city, from the measurement of effluent flow at the user's point of discharge. Measurements shall be according to a regular program prescribed by the city. The city may require a flow meter to be installed to measure the sanitary sewer flow for accurate billing.
(D) Meters. The city may, at its discretion, require nonresidential users to install wastewater flow meters or such additional water meters as may be necessary to determine wastewater volume. The city may require residential connections to install water meters for the purpose of determining wastewater volume. When so required, such meters shall be of a type approved by the city, equipped with remote registering recorders and located at an accessible site on the owner's property.
(Ord. 297, passed 3-1-2022)
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