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The following wholesale water rates are hereby established.
(a) These rates shall be effective January 1, 2017.
Monthly Volume Charge | Effective January 1, 2019 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
Less than 2.5 times monthly average | $5.53 per CCF | $5.86 per CCF | $6.15 per CCF | $6.40 per CCF | $6.66 per CCF |
Greater than 2.5 times monthly average | $11.06 per CCF | $11.72 per CCF | $12.31 per CCF | $12.80 per CCF | $13.31 per CCF |
(1992 Code, § 41-66) (Ord. 93-00, passed 10-10-2000; Ord. 39-03, passed 5-12-2003; Ord. 18-06, passed 2-13-2006; Ord. 162-06, passed 12-18-2006; Ord. 92-07, passed 6-18-2007; Ord. 78-08, passed 6-16-2008; Ord. 61-09, passed 6-15-2009; Ord. 56-10, passed 6-21-2010; Ord. 47-11, passed 6-20-2011; Ord. 52-12, passed 7-10-2012; Ord. 46-16, passed 5-3-2016; Ord. 42-23, passed 6-20-2023)
The city shall provide water at in-city rates to residential users outside the city residing on the following legally described property:
Krulls Tract 2 in SW1/4 NW1/4 of Section 32, T101N, R48W, Minnehaha County, SD;
SW1/4 SW1/4 of Section 32, Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, SD;
Lots 1 and 2 in Section 9, Township 100 North, Range 49 West of the 5th P.M., Lincoln County, SD;
Lots 3 and 4 of Section 10, Township 100, Range 49, Lincoln County, SD;
Tracts 1 and 3 of RMB Family Addition, an addition to the City of Sioux Falls, Lincoln County, SD;
Lots 9, 10, and 11 in Block 1, except Lots H-1, in Cherry Creek Addition in the W1/2 SE1/4 of Section 15-T101N-R50W of the 5th P.M., Minnehaha County, SD;
Tract 1 and the W1/2 of Tract 2, all in the NW1/4 of NW1/4 of Section 22-T101N-R50W of the 5th P.M., Minnehaha County, SD;
Mellegard Tract 1 in the NW1/4 of the NE1/4 of Section 22-T101N-R50W of the 5th P.M., Minnehaha County, SD;
Tract 7 of Rocky Ridge Addition in Section 22-T101N-R50W, Minnehaha County, SD;
N393.8' of the E1320' of the S1/2 SE1/4 of Section 21-T101N-R50W of the 5th P.M., Minnehaha County, SD;
Daggett's Tract No. 1 in SE1/4 of SE1/4 of Section 21-T101N-R50W of the 5th P.M., Minnehaha County, SD;
S132' of the W301.04' of the E351.04' of the N670.5' of the S1/2 SE1/4 of Section 21-T101N-R50W of the 5th P.M., Minnehaha County, SD;
Tract 1 of TM Schultz Addition in the SE1/4 of Section 21-T101N-R50W of the 5th P.M., Minnehaha County, SD;
S120' of the N679' of the E379.5' of the N1/2 NE1/4, Section 28-T101N-R50W of the 5th P.M., Minnehaha County, SD; and
S120' of the N799' of the E379.5' of the N1/2 NE1/4 of Section 28-T101N-R50W of the 5th P.M., Minnehaha County, SD.
(1992 Code, § 41-67) (Ord. 41-01, passed 5-14-2001; Ord. 42-18, passed 5-8-2018; Ord. 94-21, passed 8-17-2021)
The city shall provide water at in-city rates for residential water service on property shown in the 2020 Prairie Meadow Area Water Map approved and filed with the City Clerk. Said rates shall be in effect for water use for a period of 18 months beginning on the date the city assumes MCWC's obligations under the Water Agreement, unless the rates are extended by resolution or ordinance of this City Council for a longer period in conjunction with a future annexation plan or agreement.
(Ord. 25-20, passed 3-10-2020)
WATER DISTRIBUTION PLATTING FEE
The purpose of this subchapter is to impose a water distribution platting fee on real property to recover the platted or replatted developed real property’s proportionate share of the costs to expand and sustain the potable water distribution system.
The potable water distribution system is defined as water mains and appurtenances necessary to construct and sustain a system of water mains 16 inches or greater in diameter in accordance with the city’s water distribution system master plan and current design standards.
(a) It is the intent of this subchapter to charge platted or replatted real property its proportional share of the cost to expand and sustain the potable water distribution system necessitated by the development of the real property.
(b) The city council finds the amount of the water distribution platting fee based on rational nexus and rough proportionality standards has been appropriately determined according to the analysis described in the Nexus Study for Arterial Street and Water Distribution Platting Fees, prepared by Duncan Associates (revised May 2015).
(c) This subchapter incorporates the Development Area Maps as set forth in the city’s comprehensive plan.
(d) (1) For platted or replatted real property located in Tier I or Tier II of the city’s comprehensive plan, the water distribution platting fee shall be paid prior to approval of any plat or replat.
(2) For platted or replatted real property located outside of Tier I and Tier II but within the
joint jurisdiction area detailed in the Development Area Maps as described in subsection (c), the owner may defer payment of water distribution platting fees. Any deferred payment of water distribution platting fees shall be due and payable for the platted or replatted real property at the earliest of:
A. Annexation of such platted or replatted real property or such platted or replatted real property’s location within Tier I or Tier II; or
B. The owner’s application of request for rezoning or other required city conditional use permit or license on such platted or replatted real property; or
C. The city’s provision of the water distribution system to or immediately adjacent or adjoining the platted or replatted real property.
The amount of such platting fee shall be the fee amount in effect at the time of the event triggering the platting or replatting fee. Unpaid and deferred platting and replatting fees shall constitute an encumbrance and lien running with the land upon the platted or replatted real property and the obligation to pay shall be binding upon the owner, and the owner’s successors, successors in title, and assigns.
(3) The city may increase, waive, reduce or defer the payments if:
A. the plat or replat is a minor plat or replat;
B. the plat or replat is a transfer of ownership;
C. as set forth in a Development Agreement; or
D. based on the city’s individualized determination as to the nature and extent of the impact of the development.
(4) The city may condition approval of zoning or other city required conditional use permits and licenses until all platting fees are paid in full or arrangements for payment are made.
(e) The water distribution platting fee shall apply regardless of zoning classification and is hereby established as follows:
Per acre fee paid on and after January 1, 2017 | $1,970 per acre |
Per acre fee paid on and after January 1, 2018 | $2,019 per acre |
Per acre fee paid on and after January 1, 2019 | $2,070 per acre |
Per acre fee paid on and after January 1, 2020 | $2,121 per acre |
Per acre fee paid on and after January 1, 2021 | $2,175 per acre |
The amount to be paid shall be determined by multiplying the water distribution platting fee per acre by the total number of acres contained within the plat or replat, less the following:
(1) Land dedicated or to be dedicated to the city for right-of-way for an arterial street; and
(2) Areas zoned REC recreation, AG agricultural or CN conservation.
(f) Replats shall be subject to the water distribution platting fee for areas for which fees were deferred or for which the replatted real property may receive new water system taps and water meter service.
(g) The value of contributions made by the fee payer toward the cost of expanding and sustaining the potable water distribution system in order to serve the real property to be platted or replatted may be subtracted from water distribution platting fees otherwise due for the real property. The value of the
contribution shall be determined by the city engineer, based on information submitted by the fee payer and shall be in compliance with applicable law. No credit will be given for contributions to the extent they exceed city requirements. Credit for contributions not claimed prior to payment of the water distribution platting fees shall be waived.
(h) Water distribution platting fee revenues shall be deposited into an interest-bearing account and segregated from other funds of the city. The revenues collected and interest earned shall be used solely for expanding and sustaining the potable water distribution system. The location and size for this potable water distribution system expansion to be funded with the water distribution platting fee revenues shall be determined based upon the most current water distribution system master plan as approved by the city engineer.
(i) Periodically, the Nexus Study for Arterial Street and Water Distribution Platting Fees, prepared by Duncan Associates, will be updated. The updates shall review fees and recommend adjustment based on then current costs of construction. If an amendment is necessary, the information shall be provided to the city council together with a proposed ordinance amendment. Pending any such adjustments, the water distribution platting fee shown in the table above shall increase by 2.5% per year for years after 2021.
(j) A person harmed by an administrative decision of the city under this section may appeal the decision through the procedures provided in Administrative Appeals subchapter, §§ 30.040 et seq. of the Code of Ordinances, as that subchapter may be amended from time to time, except as modified below.
(1) The appeal shall be heard in a closed hearing by a hearing examiner with substantial experience in land development, and the cost shall be divided equally between the city and the appellant.
(2) The hearing examiner may amend, remand, or reverse the decision of the city only if clear error is found in:
A. The determination of the number of acres subject to the water distribution platting fee;
B. The determination of the applicable zoning classification for determination of the water distribution platting fee;
C. The value of any credit;
D. Any mathematical computation; or
E. Determining or applying any other objective fact on which the decision was based.
(3) If the hearing examiner finds an error and has adequate facts to correct the error (such as correcting the number of acres used in the computation or correcting a mathematical error), the hearing examiner shall amend the decision accordingly and the decision shall be binding as amended. Otherwise, the hearing examiner shall reverse the decision or remand it with instructions for correcting the error(s) found.
(4) The provision for appeals under this division (j) is not intended to serve as a provision for variances or waivers; issues of hardship or other factors that might be considered in granting a zoning variance shall not be considered by the hearing examiner in reaching a decision.
(5) Unless the hearing examiner finds clear error, the hearing officer shall affirm the original administrative decision.
(6) The decision of the hearing examiner may be subject to judicial review as provided by law.
(1992 Code, § 41-68) (Ord. 114-08, passed 9-15-2008; Ord. 11-13, passed 3-19-2013; Ord. 30-16, passed 4-5-2016; Ord. 62-24, passed 7-16-2024)
SEWER
Wastewater charges are hereby established for Sioux Falls local wastewater customers of the wastewater facilities as follows:
(a) Residential rate. Per 100 cubic feet for service:
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$5.29 | $5.61 | $5.94 | $6.24 | $6.55 |
In circumstances where there is no prior water usage for calculating a sewer rate, the charge shall based on estimates prepared by the city.
(1) Actual water use for the most recent months of November, December, January, and February.
(2) All other months shall be billed based on the average water usage during the most recent months of November, December, January, and February.
(3) The city may adjust the months used for calculating wastewater charges if unusual weather conditions promote outdoor water use.
(4) If no consumption history is available for the period of November through February, 7.00 ccf will be used to determine the wastewater charges or on estimates prepared by the city.
(b) Domestic only commercial rate. Domestic only commercial users shall be billed based on the volume of water used and discharged to the POTW. The volume charge shall be per 100 cubic feet for service.
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$6.07 | $6.44 | $6.82 | $7.16 | $7.52 |
and shall be determined by:
(1) Separate water meter(s).
(2) Actual water use for the months of November, December, January, and February.
(3) All other months shall be billed based on the average water usage during the months of November, December, January, and February.
(4) Estimates prepared by the city.
(5) The city may adjust the months used for calculating wastewater charges if unusual weather conditions promote outdoor water use.
(c) Commercial rate. Commercial users of the wastewater utility shall be billed monthly. The monthly charge shall be based on the water consumption during that month. The charge for each billing period shall be per 100 cubic feet for service.
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$6.07 | $6.44 | $6.82 | $7.16 | $7.52 |
(d) Industrial rate.
(1) If the concentration of waste from any user exceeds 220 milligrams per liter of BOD, 220 milligrams per liter of TSS, or 100 milligrams per liter of grease, the industrial user shall be subject to the following rates:
Effective Dates
| |||||
January 1, 2023 | January 1, 2024 | January 1, 2025 | January 1, 2026 | January 1, 2027 | |
Flow, per 1,000 gallons | $2.09 | $2.22 | $2.35 | $2.47 | $2.59 |
BOD, per pound | $0.2903 | $0.3077 | $0.3262 | $0.3425 | $0.3596 |
TSS, per pound | $0.2790 | $0.2958 | $0.3135 | $0.3292 | $0.3456 |
TKN, per pound | $1.0641 | $1.1280 | $1.1956 | $1.2554 | $1.3182 |
Grease, per pound | $1.0641 | $1.1280 | $1.1956 | $1.2554 | $1.3182 |
(2) All industrial users shall be subject to a monthly fixed charge:
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$20.53 | $21.77 | $23.07 | $24.23 | $25.44 |
(3) Industrial wastewater charges shall be based on waste discharged during that month as monitored by the water reclamation department or by estimates prepared by the city. For industries discharging only nonprocessed domestic strength wastewater, the rate shall be per 1,000 gallons for service.
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$8.13 | $8.61 | $9.13 | $9.59 | $10.07 |
(e) Surcharges and rates for Clean Water State Revolving Fund Loans 35 and 36. The following wastewater service surcharges shall be applicable to all customers served by the Sioux Falls Wastewater System and shall be in proportion to the volume of wastewater generated by the customers as follows:
(1) The surcharge for Clean Water State Revolving Fund Loan 35 is $0.24 per 100 cubic feet of wastewater for the services listed in § 51.081(a) through (c) and $0.32 per 1,000 gallons of wastewater for services listed in § 51.081(d). The surcharge for Clean Water State Revolving Fund Loan 36 is $0.32 per 100 cubic feet of wastewater for the services listed in § 51.081(a) through (c) and $0.43 per 1,000 gallons of wastewater for services listed in § 51.081(d).
(2) The volumetric rates for sanitary sewer service in § 51.081(a) through (d) of the Code of Ordinances of the City of Sioux Falls are hereby reduced in an amount equivalent to the surcharge established above.
(3) The surcharges for Clean Water State Revolving Fund Loan 35 shall remain in effect until the bonds provided in Ordinance 44-15 are discharged or defeased and all costs of the project approved in said ordinance have been paid. The surcharges for Clean Water State Revolving Fund Loan 36 shall remain in effect until the bonds provided in Ordinance 113-15 are discharged or defeased and all costs of the project approved in said ordinance have been paid.
(f) Liquidated damages. If any user discharges waste that is in violation of the provisions of § 53.040 including slug loads, the user may be subject to a charge equal to the maximum of twice the industrial rates specified in subsection (d) above until the violation ceases. The enforcement of liquidated damages shall be at the discretion of the city and shall not be the city's sole remedy for such violation(s).
(g) Fixed charge. Residential users shall be subject to a monthly charge for service:
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$5.62 | $5.96 | $6.32 | $6.63 | $6.96 |
All Commercial users shall be subject to a monthly charge for service:
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$23.39 | $24.80 | $26.29 | $27.60 | $28.98 |
(1992 Code, § 41-71) (Ord. 48-81, passed 6-1-1981; Ord. 8-82, passed 1-18-1982; Ord. 24-82, passed 3-15-1982; Ord. 105-82, passed 10-4-1982; Ord. 4-85, passed 1-14-1985; Ord. 111-85, passed 12-30-1985; Ord. 82-86, passed 9-15-1986; Ord. 88-87, passed 10-26-1987; Ord. 96-89, passed 9-11-1989; Ord. 85-90, passed 9-4-1990; Ord. 102-90, passed 10-22-1990; Ord. 64-91, passed 8-5-1991; Ord. 84-93, passed 12-6-1993; Ord. 102-96, passed 9-3-1996; Ord. 132-98, passed 12-7-1998; Ord. 131-99, passed 12-13-1999; Ord. 42-01, passed 5-14-2001; Ord. 154-06, passed 11-20-2006; Ord. 91-07, passed 6-18-2007; Ord. 77-08, passed 6-16-2008; Ord. 60-09, passed 6-15-2009; Ord. 55-10, passed 6-21-2010; Ord. 21-11, passed 4-8-2011; Ord. 22-11, passed 4-18-2011; Ord. 50-12, passed 7-10-2012; Ord. 35-13, passed 6-18-2013; Ord. 35-14, passed 6-17-2014; Ord. 46-15, passed 5-12-2015; Ord. 111-15, passed 11-17-2015; Ord. 47-16, passed 5-3-2016; Ord. 114-18, passed 12-4-2018; Ord. 109-19, passed 11-12-2019; Ord. 43-23, passed 6-20-2023)
Wastewater charges are hereby established for regional wastewater customers of the regional wastewater system as follows. Regional wastewater customers shall be billed monthly. The regional wastewater charge for each billing period shall include the following:
(a) Fixed charge. Each regional wastewater customer shall be subject to a monthly base charge:
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$20.53 | $21.77 | $23.07 | $24.23 | $25.44 |
(b) In addition to the monthly fixed charge as set forth in subsection (a), regional wastewater customer rates are hereby established for use of the regional wastewater system as follows:
(1) Regional wastewater customer base rate per 1,000 gallons for service:
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$6.40 | $6.78 | $7.19 | $7.55 | $7.93 |
Credits for equalization and treatment shall apply as follows if all of the following conditions are met for either criterion by the regional wastewater customer:
Base Rate Credits
A. Equalization. Equalization is defined as a regional wastewater customer maintaining a 30-day continuous storage volume based on the regional wastewater customer's average annual daily flow volume. The base rate credit for maintaining the required equalization storage shall be per 1,000 gallons for service:
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$0.71 | $0.75 | $0.80 | $0.84 | $0.88 |
The city may inspect and request verification of the 30-day storage at any time. If the 30-day storage is not continuously maintained, it will be at the city's discretion to cease any further equalization credits until the 30-day equalization storage is proven to exist to the satisfaction of the city unless a prorated credit is granted pursuant to subsection C of this section. The credit will not be applied thereafter until equalization storage has been maintained continuously for a full billing cycle.
B. Treatment.
1. Treatment is defined as wastewater with the following strength parameters or less:
a. BOD = 20mg/l
b. TKN = 10mg/l
c. TSS = 45mg/l
2. If all the strength parameters are met for testing performed during the monthly billing cycle, the credit will be applied to the base rate. The credit for maintaining all the required wastewater strength parameters shall be per 1,000 gallons for service:
Effective January 1, 2023 | Effective January 1, 2024 | Effective January 1, 2025 | Effective January 1, 2026 | Effective January 1, 2027 |
$0.87 | $0.92 | $0.97 | $1.02 | $1.07 |
If at any time any one of the strength parameters is exceeded in a billing cycle within a month, the monthly billing for such period will not include a treatment credit to the base rate. The credit will not be applied thereafter until all wastewater strength parameters are met for an entire calendar monthly billing cycle.
C. Prorated base rate credits. At the discretion of the manager, a prorated credit may be established through the wastewater joint powers agreement for a regional wastewater customer that is unable to achieve the above set criteria.
(c) Surcharges and rates for Clean Water State Revolving Fund Loans 35 and 36. The following wastewater service surcharges shall be applicable to all customers served by the Sioux Falls Wastewater System and shall be in proportion to the volume of wastewater generated by the customers as follows:
(1) The surcharge for Clean Water State Revolving Fund Loan 35 as approved by Sioux Falls Ordinance 45-15 is $0.32 per 1,000 gallons of wastewater for services listed in § 51.081.01(b)(1). The surcharge as approved by Sioux Falls Ordinance 112-15 is $0.70 per 1,000 gallons of wastewater for services listed in § 51.081.01(b)(1).
(2) The volumetric rates for sanitary sewer service in § 51.081.01(b)(1) of the Code of Ordinances of the City of Sioux Falls are hereby reduced in an amount equivalent to the surcharges established above.
(3) The surcharge for Clean Water State Revolving Fund Loan 35 shall remain in effect until the bonds provided in Ordinance 44-15 are discharged or defeased and all costs of the project approved in said ordinance have been paid. The surcharge for Clean Water State Revolving Fund Loan 36 shall remain in effect until the bonds provided in Ordinance 113-15 are discharged or defeased and all costs of the project approved in said ordinance have been paid.
(Ord. 35-13, passed 6-18-2013; Ord. 35-14, passed 6-17-2014; Ord. 46-15, passed 5-12-2015; Ord. 111-15, passed 11-17-2015; Ord. 47-16, passed 5-3-2016; Ord. 114-18, passed 12-4-2018; Ord. 43-23, passed 6-20-2023)
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