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(A) Any new connection to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities, including, but not limited to, capacity for flow, BOD5, and suspended solids, as determined by the Superintendent and the district.
(B) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance without first obtaining a written permit from the city.
(C) Applications for permits shall be made by the owner or his or her authorized agent and the party employed to do the work and shall state the location, name of owner, street number of the building to be connected, and how occupied. No person shall extend any private building drain beyond the limits of the building or property for which the service connection permit has been given.
(D) There shall be two classes of building sewer permits: for residential and commercial service and for service to establishments producing industrial wastes. In either case, the application shall be supplemented by any plans, specifications, or any other information considered pertinent in the judgment of the city. The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity.
(E) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may be directly or indirectly occasioned by the installation of the building sewer.
(F) A separate and independent building sewer shall be provided for every building, except 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 one building sewer. The city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such connection.
(G) Old building sewers may be used in connection with new buildings only when they are found, on examination and tested by the Superintendent or his or her representative, to meet all requirements of this chapter.
(H) The size, slopes, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling of the trench shall all conform to the requirements of the State Building and Plumbing Code or other applicable rules and regulations of the city. In the absence of code provisions or in the amplification of such provisions, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
(I) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(J) No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or indirectly to the wastewater treatment works.
(K) The connection of the building sewer into the public sewer shall conform to the requirements of the State Building and Plumbing Code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight, and verified by proper testing to prevent the inclusion of infiltration/inflow. Any deviation from the prescribed procedures and materials must be approved by the city prior to installation.
(L) The applicant for the building sewer permit shall notify the city when the building sewer is ready for inspection and connection to the public sewer. The connection and inspection shall be made under the supervision of the Superintendent or his or her authorized representative.
(M) All excavations for building sewer installation shall be adequately guarded with barricades and 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.
(N) No person shall make a service connection with any public sewer unless regularly licensed under this section to perform such work, and no permit shall be granted to any person except such regularly licensed person.
(O) Any person desiring a license to make a service connection with public sewers shall apply in writing to the City Council with satisfactory evidence that the applicant or employer is trained or skilled in the business and qualified to receive a license. Every application shall be referred to the Superintendent for recommendation to the Council. If approved by the Council, such license shall be issued by the City Clerk-Treasurer upon the filing of a bond as provided in this section.
(P) No license shall be issued to any person until the required bond to the city, approved by the Council, is filed with the City Clerk-Treasurer conditioned that the licensee will indemnify and save harmless the city from all suits, accidents, and damage that may arise by reason of any opening in any street, alley, or public ground made by the licensee or by those in the licensee’s employment for any purpose whatever, and that the licensee will replace and restore the street and alley over such opening to the condition existing prior to installation, adequately guard with barricades and lights, and will keep and maintain the location to the satisfaction of the Superintendent, and shall conform in all respects to related rules and regulations, and pay all fines that may be imposed on the licensee by law.
(Q) The license fee for making service connections shall be set from time to time by the Council. All licenses shall expire on December 31 of the license year unless the license is suspended or revoked by the Council for cause. Upon failure to apply for a license renewal prior to the expiration date, the license fee for the ensuing year shall be set from time to time by the Council.
(R) The Council may suspend or revoke any license issued under this section for any of the following causes:
(1) Giving false information in connection with the application for a license;
(2) Incompetence of the licensee; and/or
(3) Willful violation of any provisions of this section or any rule or regulation pertaining to the making of service connections.
(Prior Code, § 3.14) Penalty, see § 52.99
(A) No person shall discharge or cause to be discharged any unpolluted water such as storm water, ground water, roof runoff, surface drainage, or noncontact cooling water to any sanitary sewer.
(B) Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers or to a natural outlet approved by the city and other regulatory agencies. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet on approval of the city and upon approval and the issuance of a discharge permit by the MPCA.
(C) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater treatment works or to the operation of the system. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides;
(2) Solid or viscous substances which will cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment works, such as, but not limited to, grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastic, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
(3) Any wastewater having a pH of less than 5.0 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater treatment works; or
(4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to inhibit or disrupt any wastewater treatment process, constitute a hazard to humans or animals, or create a toxic effect in the receiving waters of the wastewater treatment works. A toxic pollutant shall include, but is not limited to, any pollutant identified pursuant to § 307(a) of the Act.
(D) The following described substances, materials, water, or wastes shall be limited in discharges to municipal systems to concentrations or quantities which will not harm sewers, the wastewater treatment works treatment processes, or equipment; will not have an adverse effect on the receiving stream and/or soil, vegetation, and ground water; or will not otherwise endanger lives, limb, or public property or constitute a nuisance. The Superintendent or the district may set limitations lower than limitations established in this division (D) if, in his or her opinion, such more severe limitations are necessary to meet these objectives. In forming his or her opinion as to the acceptability of wastes, the Superintendent or the district will give consideration to such factors as the quantity of subject waste in reaction to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment processes, the district’s NPDES and/or SDS permit, capacity of the treatment works, degree of treatability of wastes, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Superintendent and district are as follows:
(1) Any wastewater having a temperature greater than 150°F (65.6°C), or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 104°F (40°C), or having heat in amounts which will inhibit biological activity in the wastewater treatment works resulting in interference;
(2) Any wastewater containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F (0°C and 65.6°C), and any wastewater containing oil and grease concentrations of mineral origin of greater than 100 mg/l, whether emulsified or not;
(3) Any quantities of flow, concentrations, or both which constitute a slug;
(4) Any garbage not properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food on the premises or when served by caterers;
(5) Any noxious or malodorous liquids, gases, or solids which, either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life, or are sufficient to prevent entry into the sewers for their maintenance and repair;
(6) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(7) Noncontact cooling water or unpolluted storm water, drainage, or ground water;
(8) Wastewater containing inert suspended solids such as, but not limited to, fuller’s earth, lime slurries, and lime residues or dissolved solids, such as, but not limited to, sodium chloride and sodium sulfate in such quantities that would cause disruption with the wastewater treatment works;
(9) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent or the district in compliance with applicable state or federal regulations;
(10) Any waters or wastes containing the following substances to such degree that any such material received in the composite wastewater at the wastewater treatment works are in excess of the limits set by the Superintendent or the district for such materials:
(a) Arsenic;
(b) Cadmium;
(c) Copper;
(d) Cyanide;
(e) Lead;
(f) Mercury;
(g) Nickel;
(h) Silver;
(i) Total chromium;
(j) Zinc; and
(k) Phenolic compounds which cannot be removed by the wastewater treatment works.
(11) Any wastewater which creates conditions at or near the wastewater treatment works which violate any statute, rule, regulation, or ordinance of any regulatory agency, or state or federal regulatory body; and
(12) Any waters or wastes containing BOD5 or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment works, except as may be permitted by specific written agreement subject to the provisions of this section.
(E) (1) If any waters or wastes are discharged or are proposed to be discharged to the public sewers which contain substances or possess the characteristics enumerated herein, and/or which, in the judgment of the Superintendent or the district, may have a deleterious effect upon the wastewater treatment works processes or equipment, receiving waters and/or soil, vegetation and ground water, or which otherwise create a hazard to life or constitute a public nuisance, the city or the district may:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to the public sewers, pursuant to § 307(b) of the Act;
(c) Require control over the quantities and rates of discharge; and/or
(d) Require payment to cover the added costs of handling, treating, and disposing of wastes not covered by existing taxes or sewer service charges.
(2) If the pretreatment or equalization of waste flows is permitted, the design, installation, and maintenance of the facilities and equipment shall be made at the owners’ expense, and shall be subject to the review and approval of the city and the district pursuant to the requirements of the MPCA.
(F) No user shall increase the use of process water or in any manner attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this section, or contained in the national categorical pretreatment standards, or any state requirements.
(G) Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation at the expense of the owner.
(H) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent or the district, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified herein, any flammable wastes as specified herein, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of the type to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal of the captured materials by appropriate means and shall maintain a record of dates and means of disposal, which are subject to review by the Superintendent or the district. Any removal and hauling of the collected materials not performed by the owner’s personnel must be performed by a currently licensed waste disposal firm.
(I) Where required by the city or the district, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, or control manhole, with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of wastes. Such structure shall be accessible and safely located, and shall be constructed in accordance with plans approved by the city. The structure shall be installed by the owner at his or her expense and shall be maintained by the owner to be safe and accessible at all times.
(J) The owner of any property serviced by a building sewer carrying industrial wastes may, at the discretion of the city, be required to provide laboratory measurements, tests, or analyses of waters or wastes to illustrate compliance with this chapter and any special condition for discharge established by the city or regulatory agencies having jurisdiction over the discharge. The number, type, and frequency of sampling and laboratory analyses to be performed by the owner shall be as stipulated by the city. The industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with federal, state, and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the city at such times and in such manner as prescribed by the city. The owner shall bear the expense of all measurements, analyses, and reporting required by the city. At such times as deemed necessary, the city reserves the right to take measurements and samples for analysis by an independent laboratory.
(K) 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 the latest edition of Standard Methods for the Examination of Water and Wastewater, 20th edition, published by the American Public Health Association, the American Water Works Association, and the Water Environment Federation. Sampling methods, locations, times, duration, and frequencies are to be determined on an individual basis subject to approval by the Superintendent.
(L) Where required by the city or the district, the owner of any property serviced by a sanitary sewer shall provide protection from an accidental discharge of prohibited materials or other substances regulated by this chapter. Where necessary, facilities to prevent accidental discharges of prohibited materials shall be provided and maintained at the owner’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Superintendent for review and approval prior to construction of the facility. Review and approval of such plans and operating procedures shall not relieve any user from the responsibility to modify the user’s facility as necessary to meet the requirements of this chapter. Users shall notify the Superintendent immediately upon having a slug or accidental discharge of substances or wastewater in violation of this chapter to enable countermeasures to be taken by the Superintendent to minimize damage to the wastewater treatment works. Such notification will not relieve any user of any liability for any expense, loss, or damage to the wastewater treatment works or treatment process, or for any fines imposed on the city or the district on account thereof under any state and federal law. Employers shall ensure that all employees who may cause or discover such a discharge are advised of the emergency notification procedure.
(M) No person having charge of any building or other premises which drains into the public sewer shall permit any substance or matter which may form a deposit or obstruction to flow or pass into the public sewer. Within ten days after receipt of written notice from the city, the owner shall install a suitable and sufficient catch basin or waste trap, or if one already exists, shall clean out, repair, or alter the catch basin or trap, and perform such other work as the Superintendent may deem necessary. Upon the owner’s refusal or neglect to install a catch basin or waste trap or to clean out, repair, or alter the catch basin or trap after the period of ten days, the Superintendent may cause such work to be completed at the expense of the owner or his or her representative.
(N) Whenever any service connection becomes clogged, obstructed, broken or out of order, or detrimental to the use of the public sewer, or unfit for the purpose of drainage, the owner shall repair or cause such work to be done as the Superintendent may direct. Each day after ten days that a person neglects or fails to so act shall constitute a separate violation of this division (N), and the Superintendent may then cause the work to be done and recover from such owner or agent the expense by an action in the name of the city.
(O) The owner or operator of any motor vehicle washing or servicing facility shall provide and maintain in serviceable condition at all times, a catch basin or waste trap in the building drain system to prevent grease, oil, dirt, or any mineral deposit from entering the public sewer system.
(P) In addition to any penalties that may be imposed for violation of any provision of this chapter, the city or the district may assess against any person the cost of repairing or restoring sewers or associated facilities damaged as a result of the discharge of prohibited wastes by such person and may collect such assessment as an additional charge for the use of the public sewer system or in any other manner deemed appropriate by the city or the district.
(Q) No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and/or the district and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city and/or the district for treatment, subject to payment by the industrial concern.
(Prior Code, § 3.15) Penalty, see § 52.99
(A) The Superintendent or 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 pertinent to the discharges to the city’s sewer system in accordance with the provisions of this chapter.
(B) The Superintendent or other duly authorized employees of the city are authorized to obtain information concerning industrial processes which have a direct bearing on the type and source of discharge to the wastewater treatment works. An industry may withhold information considered confidential; however, the industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
(C) The Superintendent or 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 purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater treatment 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.
(Prior Code, § 3.16)
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the wastewater treatment works.
(Prior Code, § 3.17) Penalty, see § 52.99
(A) The city establishes a sewer service charge system whereby all revenue collected from users of the wastewater treatment works will be used to affect all expenditures incurred for operation and maintenance and for capital-related expenditures incurred for the wastewater treatment works.
(B) Each user shall pay its proportionate share of operation and maintenance costs of the treatment works, based on the user’s proportionate contribution to the total wastewater loading from all users.
(C) Each user shall pay capital recovery charges as determined by the City Council.
(D) Sewer service rates and charges to users of the wastewater treatment works shall be determined and fixed in a sewer service charge system, developed with the assistance of Donohue and Associates, Inc., according to the provisions of this chapter. The sewer service charge system shall be adopted by resolution, shall be published in the local newspaper, and shall be effective upon publication. Subsequent changes in sewer service rates and charges shall be adopted by Council resolution and shall be published in the local newspaper.
(E) Revenues collected for sewer service shall be deposited in a separate fund known as the Sewer Service Fund. Income from revenues collected will be expended to offset the cost of operation and maintenance for the facility and the cost of capital-related expenditures.
(F) Sewer service charges and the Sewer Service Fund will be administered in accordance with the provisions set out herein.
(Prior Code, § 3.18)
(A) Classes.
(1) All users of the wastewater treatment works shall be identified as belonging to one of the following user classes:
(a) Residential;
(b) Commercial;
(c) Industrial;
(d) Institutional; or
(e) Governmental.
(2) The allocation of users to these classes for the purpose of assessing sewer service charges shall be the responsibility of the City Clerk-Treasurer. Allocation of all users to user classes shall be based on the substantive intent of the definitions contained in this chapter. Industrial users discharging segregated domestic-strength waste only can be classified as commercial users for the purpose of rate determination.
(B) User charges.
(1) Each user shall be assessed and pay user charges in proportion to the user’s proportionate contribution of wastewater flows and loadings to the treatment works, with a minimum rate for pollutant loadings being the rate established for domestic-strength waste.
(2) The charges assessed users discharging domestic-strength waste shall be established proportionately on the basis of billable wastewater volume. Billable wastewater volume shall generally be calculated as metered water usage.
(C) Capital recovery charges.
(1) Each user shall be assessed and pay capital recovery charges in proportion to the user’s proportionate contribution of wastewater flows and loadings to the treatment works, with a minimum rate for pollutant loadings being the rate established for domestic-strength waste.
(2) The charges assessed users discharging domestic-strength waste shall be established proportionately on the basis of billable wastewater volume. Billable wastewater volume shall generally be calculated as metered water usage.
(D) Billable wastewater volume and loadings.
(1) The billable wastewater volume shall be calculated from the volume of metered water usage. For all users discharging domestic-strength waste, billable wastewater volume shall be equal to the metered water usage, as measured throughout the year. The billable amounts of wastewater loadings shall be calculated from the volume of metered usage, where the billable quantities will be those attributable to domestic-strength waste.
(2) For users with unmetered water services or not connected to the city’s water system, the billable wastewater volume shall be calculated from the volume of metered water usage or, at the discretion of the city, from the measurement or estimate of effluent flow at the user’s point of discharge. Measurements shall be according to a regular program prescribed by the city.
(3) For all users discharging extra-strength waste, billable wastewater volume shall be calculated from the volume of 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. For all users discharging extra-strength waste, billable amounts of wastewater loadings shall be calculated by the measurement of these wastes according to a program prescribed by the city, in keeping with the latest edition of Standard Methods for the Examination of Water and Wastewater and in accordance with other provisions of this chapter.
(4) The city may, at its discretion, require any user to install a water meter, wastewater meter, or such additional water meters as may be necessary to determine wastewater volume. When so required, such meter shall be of a type approved by the city, equipped with a remote registering recorder, and located at an accessible site on the owner’s property.
(E) Determination of user charges.
(1) User charges shall consist of a volume charge for domestic-strength waste and, if necessary, a surcharge for extra-strength waste. Such charges shall be developed in accordance with the approved sewer service charge system and computed in accordance with the formula presented below.
(2) User charge is as follows: UC = MUC + (VUC x F) + SUC
Where:
UC = User charge
MUC = Minimum charge ($/billing period) for administration costs and one unit of domestic-strength wastewater (100 cubic feet).
VUC = Volume charge per 100 cubic feet for OM&R costs.
F = Billable wastewater volume in 100 cubic feet.
SUC = Surcharge for extra-strength waste.
(3) Surcharges for extra-strength waste, if applicable, shall be computed in accordance with the formula presented below.
SUC = 0.00624 x F x [(B x BOMR) + (T x TOMR) + (P x POMR)].
Where:
0.00624 = Conversion factor.
B = Concentration of BOD5 in excess of domestic-strength waste.
F = Billable wastewater volume in 100 cubic feet.
T = Concentration of TSS in excess of domestic-strength waste.
P = Concentration of phosphorus in excess of domestic-strength waste.
BOMR = Unit surcharge per pound of BOD5.
TOMR = Unit surcharge per pound of TSS.
POMR = Unit surcharge per pound of phosphorus.
SUC = Surcharge for extra-strength waste.
(F) Determination of capital recovery charges.
(1) Capital recovery charges shall consist of a volume charge for domestic-strength waste and, if necessary, a surcharge for extra-strength waste. Such charges shall be developed in accordance with the approved sewer service charge system and computed in accordance with the formula presented below.
CRC = MCR + (Vcr x F) + Scr
Where:
CRC = Capital recovery charge.
MCR = Minimum charge ($/billing period) for capital-related costs assigned to customer service and one unit of domestic-strength wastewater volume.
Vcr = Volume charge per 1,000 gallons for capital-related costs.
F = Billable wastewater volume in 1,000 gallons.
Scr = Surcharge for extra-strength waste.
(2) Surcharges for extra-strength waste, if applicable, shall be computed in accordance with the formula presented below.
Scr = 0.00624 x F x [(B x BCR) + (T x TCR) + (P x PCR)].
Where:
0.00624 = Conversion factor.
B = Concentration of BOD5 in excess of domestic-strength waste.
T = Concentration of TSS in excess of domestic-strength .
P = Concentration of phosphorus in excess of domestic-strength waste.
F = Billable wastewater volume in 1,000 gallons.
BCR = Unit surcharge per pound of BOD5.
TCR = Unit surcharge per pound of TSS.
PCR = Unit surcharge per pound of phosphorus.
Scr = Surcharge for extra-strength waste.
(G) Determination of sewer service charges. Sewer service charges shall be computed for each user in accordance with the formula presented below.
SSC = Uc + CRc
Where:
SSC = Sewer service charge.
Uc = User charge.
CRc = Capital recovery charge.
(H) Additional charges. The sewer service charges established in this chapter shall not prevent the assessment of additional charges to users who discharge extra-strength waste or wastes of unusual character, or contractual agreements with such users, as long as the following conditions are met:
(1) The user pays OM&R costs in proportion to the user’s proportionate contribution of wastewater flows and loadings to the treatment works and no user is charged at a rate less than that of domestic-strength waste; and
(2) The measurement of such wastes are conducted according to the latest edition of Standard Methods for the Examination of Water and Wastewater in a manner acceptable to the city, as provided for in this chapter.
(3) A study of unit costs of collection and treatment processes attributable to fixed service, flow, BOD5, TSS, and other significant loadings shall be developed for determining the proportionate allocation of costs to fixed service, flows, and loadings for users discharging extra-strength wastes or wastes of unusual character.
(Prior Code, § 3.19)
(A) The city establishes a Sewer Service Fund as an income fund to receive all revenues generated by the sewer service charge system, and all other income dedicated to the operation, maintenance, replacement, and capital recovery costs of the wastewater treatment works, including taxes, special charges, fees, and assessments. The city also establishes the following accounts as income and expenditure accounts within the Sewer Service Fund:
(1) Operation and Maintenance Account; and
(2) Capital Recovery Account.
(B) All revenue generated by the sewer service charge system and all other income pertinent to the treatment works shall be held by the Clerk-Treasurer separate and apart from all other funds of the city. Funds received by the Sewer Service Fund shall be transferred to the operation and maintenance account and the Capital Recovery Account in accordance with state and federal regulations and the provisions of this chapter.
(C) Revenue generated by the sewer service charge system sufficient for operation and maintenance shall be held separate and apart in the Operation and Maintenance Account. Interest income generated by the Operation and Maintenance Account shall remain in the Operation and Maintenance Account.
(D) Revenue generated by the sewer service charge system for capital expenditures shall be held separate and apart in the Capital Recovery Account. Interest income generated by the Capital Recovery Account shall remain in the Capital Recovery Account.
(Prior Code, § 3.20)
The sewer service charge system and Sewer Service Fund shall be administered according to the following provisions.
(A) The City Clerk-Treasurer shall maintain a proper system of accounts suitable for determining the operation and maintenance and capital-related costs of the treatment works and shall furnish the City Council with a report of such costs annually in October.
(B) (1) The City Council shall annually determine whether or not sufficient revenue is being generated for the effective operation, maintenance, and management of the treatment works, and whether sufficient revenue is being generated for capital-related purposes.
(2) The Council will also determine whether the user charges are distributed proportionately to each user in accordance herewith and in accordance with § 204(b)(2)(A) of the Clean Water Act.
(3) The city shall thereafter, but not later than the end of the year, reassess and, as necessary, revise the sewer service charge system then in use to ensure the proportionality of the user charges and to ensure the sufficiency of funds to maintain the capacity and performance to which the facilities were constructed, and to accommodate the capital needs of the system.
(C) In accordance with federal and state requirements, each user will be notified annually, in conjunction with a regular billing, of that portion of the sewer service charge attributable to operation, maintenance, and replacement.
(D) In accordance with federal and state requirements, the City Clerk-Treasurer shall be responsible for maintaining all records necessary to document compliance with the sewer service charge system adopted.
(E)
Bills for sewer service charges shall be rendered on a monthly basis succeeding the period for which the service was rendered and shall be due 30 days from the date of rendering. Any payment not received by the due date shall result in a penalty of a late payment charge. The penalty shall be computed as 10% of the original bill and shall be increased the same 10% for every month the bill is outstanding.
(F) The owner of the premises shall be liable to pay for the service to such premises, and the service is furnished to the premises by the city only upon the condition that the owner of the premises is liable to the city.
(G) Any additional costs caused by discharges to the treatment works of toxics or other incompatible wastes, including the cost of restoring wastewater treatment services, cleanup and restoration of the receiving waters and environs, and sludge disposal, shall be borne by the dischargers of the wastes, at no expense to the city.
(H) Lien for nonpayment. As authorized by state law, the city may certify to the County Auditor between October 1 and 15 of each year any charges that are delinquent, which includes all such charges that are more than 30 days past due on or before September 30 of that year, which certification shall include the amount of such charges, the description of the premises serviced, and the name and address of the owner. The amount so certified shall be extended by the Auditor on the tax rolls against the premises in the same matter as other taxes, and collected by the County Treasurer and paid to the city along with other taxes. If the property is occupied by any person who is not the owner, the owner is nonetheless obligated for all service collection charges incurred.
(Prior Code, § 3.21) (Ord. 2019-06, passed 11-25-2019; Ord. 2024-05, passed 5-13-2024)
The sewer service charge system shall take precedence over any terms or conditions of agreements or contracts which are inconsistent with the requirements of § 204(b)(1)(A) of the Act and 40 C.F.R. § 35.2140 of the Environmental Protection Agency’s grant regulations.
(Prior Code, § 3.22)
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