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Contributors whose property lies within the corporate limits of the City, except as otherwise provided in this article, shall pay to the City at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates:
A. Basic Charges:
1. The sewer rates and charges shall be based on the quantity of water used on or in the property or premises. For all customers utilizing sewer service, bills will be issued on estimated consumption. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified in subsection C7 of this section for the size of the water meter in service for the particular account.
2. Basic Charge Exception: The city manager shall establish a policy for evaluating cases of extreme financial hardship for residential customers and the city’s ability to make adjustments in the monthly basic charge for residential customers as determined by the terms and conditions of the policy and the funds allocated, and available, through the budget process.
B. Schedule Of Rates:
Rate per each 100 cubic feet | $6.83 |
Rate per each gallon | 0.00913 |
C. Service Charge:
1. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary sewer system, is not a user of water supplied by the City Water Division and the water used thereon or therein is not acceptable to the City, the amount of water used shall be determined by the City in such a manner as the City Manager may elect to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a meter acceptable to the City for said purposes.
2. When a parcel of real estate, property or building discharging sanitary sewerage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary sewer system, is a user of water supplied by the City Water Division and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the City, the amount of water used shall be determined by the City in such a manner as the City Manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense may install and maintain a meter acceptable to the City for said purposes.
3. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the City's sanitary sewer system, is not a user of water supplied by the City Water Division, the amount of sanitary sewage, industrial wastes, water or other approved waste discharged into the sanitary sewer system shall be determined by the City in such a manner as the City Manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a sewage meter acceptable to the City for said purposes.
4. The City Council may, in its discretion, when applicable, permit connection to the City sanitary sewer system of properties located outside the corporate limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than rates herein established for City users.
5. In order that the rates and charges may be modestly and equitably adjusted to the service rendered, the City shall have the right to base its charges not only on volume, but also on the strength and content of the sewage and wastes of the user. The City shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the City's sanitary sewer system, in such manner and by such methods as it may deem practicable in the light of the conditions and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with users on an individual account basis when concentration of the sewage exceeds three hundred milligrams per liter (300 mg/L) of biochemical oxygen demand, three hundred fifty milligrams per liter (350 mg/L) of suspended solids or two percent (2%) or more of the flow rate into the sewage treatment plant.
6. The rates and charges may be billed to the tenant and tenants occupying the properties served, unless otherwise requested in writing by the owners, but such billings shall in no way relieve the owner from liability in the event payment is not made as required in this article.
7. Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows:
Meter Size(Inches) | Minimum Charge | Allowance (Cubic Feet) | Allowance (Gallons) |
5/8 | $13.67 | 200 | 1,496 |
3/4 | 34.16 | 500 | 3,740 |
1 or larger | 54.66 | 800 | 5,984 |
(2007 Code § 44-83; amd. Ord. 10-17, 3-7-2017, eff. 7-1-2017; amd. Ord. 17-19, 3-7-2019, eff. 7-1-2019; Ord. 16-20, 4-23-2020; Ord. 24-20, 6-1-2020; Ord. 8-21, 3-24-2021, eff. 7-1-2021; Ord. 12-22, eff. 7-1-2022; Ord. 13-23, 3-23-2023, eff. 7-1-2023; Ord. 12-24, 4-15-2024, eff. 7-1-2024)
The rates, service charges, rentals or fees as provided in this article shall become effective at the time sewage from the contributors is first directed to the sanitary sewer system. At the time sanitary sewers are constructed in areas not now served by a sanitary sewer system, contributors shall be granted a reasonable time to make connection to the sewer. The effective date of the sewage service charge and the reasonable time to connect to the sanitary sewer system will be determined by the City Manager. (2007 Code § 44-84)
A. Lien For Delinquent Rates And Charges: The city shall have a lien upon the real property served by the sanitary system for all delinquent rates and charges. Bills for sewage charges shall be delinquent when the same are unpaid for a period of twenty five (25) days following the billing date, and if not paid, a penalty of five percent (5%) shall be added to the sewage bill.
B. Certification Of Charges: It is the duty of the city treasurer to certify the actual rates and charges plus the costs of administration to the county treasurer as provided in section 13-1C-4 of this title, and all such costs will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. (Ord. 30-08, 5-5-2008; amd. Ord. 54-12, 9-17-2012; Ord. 3-20, 1-21-2020)
The actual cost of collecting and accounting for all sewer rentals or charges shall be a part of the cost of operating the sewage treatment plant. The cost shall be paid from the sewage funds to the collection agent upon the city manager's certificate certifying to the amount. (2007 Code § 44-87)
ARTICLE D. INDUSTRIAL PRETREATMENT PROGRAM
SECTION:
13-2D-1: Purpose And Policy
13-2D-2: Definitions
13-2D-3: Abbreviations
13-2D-4: General Discharge Prohibitions
13-2D-5: Federal Categorical Pretreatment Standards
13-2D-6: Specific Pollutant Limitations
13-2D-7: Excessive Discharge
13-2D-8: Accidental Discharge/Slug Control Plan
13-2D-9: Notice Of Potential Problems Including Slug Loadings
13-2D-10: Rates And Charges
13-2D-11: Administration; Permit Requirements; Regulations
13-2D-12: Enforcement; Violation Notice; Hearing
13-2D-13: Penalty; Costs
A. Application Of Provisions: This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the city, and enables the city to comply with all applicable state and federal laws required by the clean water act of 1977 (public law 95-217) general pretreatment regulations (40 CFR part 403). When in conflict with provisions of this chapter the provisions of this article shall supersede.
B. Objectives: The objectives of this article are to:
1. Prevent the introduction of pollutants into the city's wastewater system which will interfere with the operation of the system or contaminate the resulting sludges;
2. Prevent the introduction of pollutants into the city's wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
3. Improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
4. Provide for equitable distribution of the cost of the city's wastewater system. This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. This article shall apply to the city of Dubuque, and to persons outside the corporate boundaries of the city who are, by contract or agreement with the city, users of the city water pollution control plant. Except as otherwise provided herein, the city manager shall administer, implement and enforce the provisions of this article. (2007 Code § 44-101)
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have meanings hereinafter designated:
ACT OR THE ACT: The federal water pollution control act, also known as the clean water act, as amended, 33 USC 1251 et seq.
APPROVAL AUTHORITY: The director in an NPDES state with an approved state pretreatment program.
APPROVED POTW PRETREATMENT PROGRAM: A program administered by a POTW that meets the criteria established in regulation 403.8 and 403.9 which has been approved by a regional administrator or state director in accordance with 403.11 of the act.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER: An authorized representative of an industrial user may be: a principal executive officer of at least the level of vice president, if the industrial user is a corporation; a general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; a duly authorized representative of the individual designated above, if the representative is responsible for the overall operation of the facilities from which the discharge originates.
BIOCHEMICAL OXYGEN DEMAND (BOD(c)): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, measured at five (5) days, twenty degrees Celsius (20°C), expressed in terms of concentration (milligrams per liter (mg/l)).
BUILDING SEWER: A sewer conveying wastewater from the premises of a user into the city's wastewater system.
BYPASS: The intentional diversion of waste streams from any portion of an industrial user's treatment facility.
CITY: The city of Dubuque, Iowa, or the city council of the city of Dubuque, Iowa.
CITY MANAGER: The city manager of the city of Dubuque, Iowa, or designee.
CONTROL AUTHORITY: Shall refer to the city manager of the city of Dubuque, Iowa.
COOLING WATER: The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DIRECT DISCHARGE: The discharge of treated or untreated wastewater directly into the waters of the state of Iowa.
DIRECTOR: The chief administrative officer of a state or interstate water pollution control agency with an NPDES permit program approved pursuant to section 402(b) of the act and an approved state pretreatment program.
ENVIRONMENTAL PROTECTION AGENCY (EPA): The U.S. environmental protection agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency.
FATS, OILS, AND GREASES (FOG): Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. A wide range of food preparation activities including, but not limited to, the following, can generate fats, oils and grease: cooking by frying, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, barbecuing or other food preparation activities that produce a food product in or on receptacles that require washing and/or cleaning. All are sometimes referred to herein as "grease", "greases", or "FOG".
FOOD ESTABLISHMENT (FE): A place where food is prepared and intended for individual portion service, whether consumption occurs on or off the premises. These facilities include, but are not limited to, restaurants, food manufacturers, food processors, commercial kitchens, hospitals, schools, hotels and motels, bakeries, caterers, schools, religious institutions, correctional facilities, prisons, nursing homes, care facilities, and any other facility preparing, serving or otherwise making any foodstuff available for consumption.
GRAB SAMPLE: A sample which is taken from a waste stream on a onetime basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump trucks.
INDIRECT DISCHARGE: The discharge or the introduction of pollutants from any nondomestic source regulated under section 307(b), (c), or (d), of the act (33 USC 1317), into the POTW (including holding tanks wastes discharged into the system).
INDUSTRIAL USER: A source of indirect discharge.
INTERFERENCE: A discharge which alone or in conjunction with a discharge or discharges from other sources, both:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
B. Therefore, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued hereunder (or more stringent state or local regulations): section 405 of the clean water act, the solid waste disposal act (SWDA) (including title II, more commonly referred to as the resource conservation and recovery act (RCRA)), and including state regulations contained in any state sludge management plan prepared (pursuant to subtitle D of the SWDA), the clean air act, the toxic substances control act, and the marine protection, research and sanctuaries act.
NPDES STATE: A state or interstate water pollution control agency with an NPDES permit program approved pursuant to section 402(b) of the act.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT: A permit issued pursuant to section 402 of the act (33 USC 1342).
NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD, OR STANDARD: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act, which applies to industrial users. This term includes general and specific prohibitions found in 40 CFR 403.5.
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD: Any regulation developed under the authority of section 307(b) of the act and 40 CFR section 403.5.
NEW SOURCE: A. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:
1. The building, structure, facility or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors, such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection A2 or A3 of this definition, but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a "new source" as defined under this definition has commenced if the owner or operator has begun, or caused to begin as part of a continuous on site construction program: 1) any placement, assembly, or installation of facilities or equipment; or 2) significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment or entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.
POTW TREATMENT PLANT: That portion of the POTW designed to provide treatment of municipal sewage and industrial waste.
PASS-THROUGH: A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in magnitude or duration of a violation).
PERSON: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity, or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by context.
pH: The logarithm (base-10) of the reciprocal of the concentration of hydrogen ions.
POLLUTANT: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
POLLUTION: The manmade or man induced alteration of the chemical, physical, biological and radiological integrity of the water.
PRETREATMENT OR TREATMENT: The reduction of the amount of pollutants, or the alteration of the nature of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR section 403.6(d).
PRETREATMENT REQUIREMENTS: Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PUBLICLY OWNED TREATMENT WORKS (POTW): A treatment works which is owned by a municipality as defined by section 502(4) of the clean water act. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes, and other conveyances that convey wastewater to a POTW treatment plant. The term also means the municipality as defined in section 502(4) of the act, which has jurisdiction over the indirect discharges to and the discharges from such treatment works. For purposes of this article, the terms "sanitary sewer system" and "POTW" may be used interchangeably.
REGIONAL ADMINISTRATOR: The appropriate EPA regional administrator.
SEVERE PROPERTY DAMAGE: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
SHALL; MAY: Shall is mandatory; may is permissive.
SIGNIFICANT INDUSTRIAL USER: A. All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N;
B. Has a discharge flow of twenty five thousand (25,000) gallons or more per average workday of process wastewater; or
C. Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic flow or organic capacity of the POTW treatment plant; or
D. Is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
SLUG: A contribution that has a flow rate or contains concentrations or qualities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty four (24) hour concentration, quantities or flow during normal operation.
STANDARD INDUSTRIAL CLASSIFICATION (SIC): A classification pursuant to the standard industrial classification manual issued by the executive office of the president, office of management and budget, 1972.
STATE: State of Iowa.
STORMWATER: Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS: The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
TOXIC POLLUTANT: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the environmental protection agency under the provision of CWA 307(a) or other acts.
USER: Any person who contributes, causes or permits the contribution of wastewater into the city's POTW.
WASTEWATER: The liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed or permitted to enter the POTW.
WASTEWATER DISCHARGE PERMIT: As set forth in subsection 13-2D-11B of this article.
WATERS OF THE STATE: All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. (2007 Code § 44-101; amd. Ord. 42-14, 7-7-2014)
The following abbreviations shall have the designated meanings:
BOD(c) | Biochemical oxygen demand |
CFR | Code of federal regulations |
COD | Chemical oxygen demand |
EPA | U.S. environmental protection agency |
l | Liter |
mg | Milligrams |
mg/l | Milligrams per liter |
NPDES | National pollutant discharge elimination system |
POTW | Publicly owned treatment works |
SIC | Standard industrial classification |
SWDA | Solid waste disposal act, 42 USC 6901 et seq. |
TSS | Total suspended solids |
USC | United States Code |
(2007 Code § 44-101)
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