A. Recitals: The Metropolitan Council Environmental Services Agency, a metropolitan area agency organized and existing under the laws of the State, in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder, imposes an industrial user sewer strength charge upon users of the metropolitan disposal system (as defined in Minnesota Statutes Section 473.121, subdivision 24) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is hereby found, determined, and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes Section 444.075, subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant, or all of them and certify unpaid charges to the County Auditor as a tax lien against the property served.
B. Strength Charges Established: For the purpose of paying the costs allocated to the City each year by the Metropolitan Council Environmental Services Agency that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted, and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company, or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the “strength charge”).
C. Payment of Charges: It is hereby approved, adopted, and established that the strength charge established by subsection B of this Section shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next succeeding the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved, and adopted that if such payment is not paid before such date, an industrial user shall pay interest compounded monthly at the rate of two-thirds of one percent (0.66%) per month on the unpaid balance due.
D. Failure to Pay; Tax Lien: As provided by Minnesota Statutes Section 444.075, subdivision 3, it is hereby approved, adopted, and established that if payment of the strength charge established by subsection B of this Section is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge, plus accrued interest established pursuant to subsection C of this Section, shall be deemed to be a charge against the owner, lessee, and occupant of the property serviced, and the City or its agent shall certify such unpaid delinquent balance to the County Auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy.