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A. When ordered by the city council or when fees and surcharges remain unpaid ninety (90) days after having been billed, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants at the address of the building being served by the city:
NOTICE OF INTENT TO TERMINATE SERVICE
You are hereby notified that due to (insert reason for termination), the wastewater service to the building located at (insert address) will be terminated within thirty (30) days hereafter unless you have corrected the above situation. Your service will be disconnected and your building will be red-tagged as unfit for human occupancy on the thirty-fifth (35th) day after date of this notice. Dated .
WASTE MANAGEMENT
SERVICES DEPARTMENT
CITY OF WATERLOO, IOWA
BY:
Superintendent
B. The city hereby declares that it is against public policy for a building to be occupied by human inhabitants which has been red-tagged by the waste management services department after appropriate notice has been given that the building is "a public nuisance and unfit for human occupancy".
C. In the event that such user fails to correct the cause for the above notice, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants of the building and also affixed to the building or housing unit within a building:
NOTICE OF TERMINATION
You are hereby notified that there has been no response to the Notice of Intent to Terminate Service and the thirty (30) day period stated therein has lapsed. You are hereby notified that on (here insert date five days after service of this notice), the city will physically disconnect the building sewer to your building from the sewage system to which it is connected and will red-tag the building located at (here insert address) as "unfit for human occupancy."
Dated .
WASTE MANAGEMENT
SERVICES DEPARTMENT
CITY OF WATERLOO, IOWA
BY:
Superintendent
D. The manner of severance and procedure for disconnection shall be determined by the waste management services department. Upon completion of said disconnection, the administrator shall forward to the occupant of the building by registered mail, return receipt requested, certified mail, or personal service a bill for the cost of making the disconnection, including all costs for labor and materials and a one hundred dollar ($100.00) service charge for city supervision. (Ord. 4482, 5-29-2001)
A. Upon payment to the city of any delinquency in full, plus penalties, plus the cost of the disconnection and the one hundred dollar ($100.00) city supervision fee, and an inspection by the administrator to determine whether the original cause for termination has been corrected, the city will issue a permit for reconnection of the building service line to the POTW. Such reconnection costs, plus inspection fees for the city in accordance with the provisions of this chapter, shall be at the sole expense of the user.
B. Upon reconnection and payment of all costs described above, the city, through its agents, shall remove the red tag from the building and the building shall, so far as the city is concerned, be "fit for human occupancy". (Ord. 4261, 10-6-1997)
A. In addition to remedies available to the city set forth elsewhere in this chapter, if the city is notified of a violation or fined by the IDNR or USEPA for violations of the city NPDES permit or violations of water quality standards as the result of a discharge of pollutants by identifiable user(s), then the fine, including all city legal, sampling, analytical testing, costs and any other related costs shall be charged to the responsible user(s). Such charge shall be in addition to any other remedies the city may have under this chapter, at law or in equity.
B. If the discharge from any user results in a deposition, obstruction, damage or other impairment to the POTW, the user shall become liable to the city for any expense, loss or damage caused by the violations or discharge. The city may add to the user's charges and fees the cost assessed for any cleaning or repair, or replacement work caused by the violations or discharge. (Ord. 4261, 10-6-1997)
A. Violations, Public Nuisance: Violations of this chapter, a permit or a final order are hereby declared to constitute a public nuisance.
B. Surcharges: In addition to prosecution and the imposition of penalties for violations, a user violating this chapter, a permit or a final order shall be subject to one or more surcharges in accordance with this chapter.
C. Civil Judicial Relief: The superintendent is hereby empowered, with the city attorney, to institute legal proceedings in a court of competent jurisdiction of the abatement of any nuisance, and to seek relief for violations of this chapter, a use permit or a final order. The superintendent may seek temporary or permanent injunctive relief, damages, civil penalties not to exceed one thousand dollars ($1,000.00) per day per violation, costs and such other relief as a court may order. The superintendent may also seek collection of unpaid surcharges and penalties from the user.
D. Cumulative Remedies: The imposition of a single penalty, order, damage or surcharge upon a user for a violation of this chapter, a permit or a final order shall not preclude the imposition by a court of competent jurisdiction of a combination of any or all of the sanctions and remedies or additional sanctions and remedies with respect to the same violation, consistent with applicable statutory limitations. A criminal citation and prosecution of a criminal action against a user shall not be dependent upon or held in abeyance during any civil, judicial or city administrative proceeding, conference or hearing regarding the user. (Ord. 4261, 10-6-1997)
E. Criminal Penalties: Any user who is found to have violated an order of the city council or who wilfully or negligently failed to comply with any provision of this chapter and the orders, rules, regulations and permits issued hereunder, shall be punished by a fine as provided in the general penalty in section 1-3-1 of this code for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorney fees, court costs, court reporter fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and agreements issued hereunder. (Ord. 4261, 10-6-1997; amd. 2001 Code)
ARTICLE A. USER CHARGES AND FEES
SECTION:
8-3A-1: Wastewater Volume
8-3A-2: Determination Of Rates And Charges
8-3A-3: Charges And Fees
8-3A-4: Connection Charges
8-3A-4-1: Building Sewer Connection Charges; Determination
8-3A-4-2: Cross And Lateral Sewer Connection Charges
8-3A-4-3: Use Of Sewer Connection Charges
8-3A-4-4: Permitted Connections
8-3A-4-5: Violations And Penalties
A. For purposes of establishing user charges, the quantity of wastewater discharged to the POTW by a user shall be determined by and held to be the quantity of water used based on water meter readings of the waterworks or private water supply unless otherwise approved by the Superintendent. If a user shall use water which comes from a private water supply, the user shall meter the water at his own expense when required by the Superintendent and shall pay the appropriate user charges.
B. All charges and fees not otherwise provided for in this article shall be set by resolution. (Ord. 4261, 10-6-1997)
A. Each connection to the POTW shall pay user charges in accordance with the following schedule:
1. The maximum quarterly rate shall be based on one hundred percent (100%) of water consumption during the winter quarter as recorded by the Waterloo Waterworks. For those users of water being billed on a monthly basis by the Waterloo Waterworks, the maximum monthly rate shall be based on one hundred percent (100%) of the monthly water consumption. Industrial users will be billed on actual water consumption unless otherwise approved by the Superintendent. Any special or private contracts shall be metered at the user's expense.
2. Users who have their own private wells shall pay a minimum of fifty three dollars eighty three cents ($53.83) per quarter, unless required to properly meter wastewater flows by the Superintendent.
3. Users who are located outside of the limits of the City shall pay double the rates specified herein, unless an agreement has been reached and signed between the City of Waterloo and the contributing municipality or entity.
4. If the rates as specified in this section are not paid when due as required by this section, there shall be added to the rates a penalty of five percent (5%). The Clerk shall certify to the County Treasurer all sewer rates, charges or rentals and penalties delinquent.
5. A surcharge for wastewaters in excess of domestic strength and containing no such chemical or other substances as would interfere with the proper operation of the purifying plant, shall be computed according to the following formula:
BOD | - | $0.10/pound |
TSS | - | 0.10/pound |
TKN | - | 0.10/pound |
6. The following sewer rental charge shall become effective beginning July 1, 2023:
Minimum monthly charge1 | $20.09 |
Minimum quarterly charge2 | $60.26 |
Per CCf over minimum monthly charge3 | $ 3.22 |
Notes:
1. Includes first 3 Ccf.
2. Includes first 9 Ccf.
3. Ccf = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit.
7. Effective July 1, 2015, sewer users with flow exceeding eight hundred million (800,000,000) gallons per year are eligible for the following rates:
Minimum monthly charge | $14.25 (includes first Ccf) |
Per Ccf over minimum monthly charge | $1.92 |
(Ccf = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit) Rates will be increased by the same applicable amount that rates under subsection A6 of this section are increased. (Ord. 4261, 10-6-1997; amd. Ord. 4482, 5-29-2001; Ord. 4699, 6-14-2004; Ord. 5091, 1-30-2012; Ord. 5287, 6-8-2015; Ord. 5472, 11-13-2018; Ord. 5558, 6-1-2020; Ord. 5603, 6-7-2021; Ord. 5645, 5-16-2022; Ord. 5702, 5-15-2023)
A. Charges And Fees: The city may adopt charges and fees, which may include:
1. Fees for reimbursement of costs of setting up and operating the city's pretreatment program.
2. Fees for monitoring, testing, inspections and surveillance procedures.
3. Fees for reviewing accidental discharge procedures and construction.
4. Fees for permit applications.
5. Fees for filing appeals.
6. Fees to specific contributing industrial users for consistent removal, by the city, of pollutants otherwise subject to federal categorical pretreatment standard.
7. Other fees as the city may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters identified above and are separate from all other fees chargeable by the city.
B. City's Scheduling Of Charges And Fees:
1. A surveillance monitoring fee of three hundred fifty dollars ($350.00) per installation of equipment shall be assessed against each user for which the city, rather than the user, installs surveillance monitoring equipment for the purpose of conducting wastewater sampling.
2. A sampling fee of one hundred thirty dollars ($130.00) per site visit for the purpose of wastewater sample collection shall be assessed against each user.
3. Fees for investigating accidental discharges shall be based on the time expended at twenty three dollars ($23.00) per hour.
4. Laboratory testing fees shall be based on actual expenses incurred for each parameter tested as specified in a fee schedule which the city shall approve and issue from time to time.
5. A wastewater discharge permit application fee shall be assessed each request for a wastewater discharge permit in the amount of twenty five dollars ($25.00). Wastewater discharge permit and/or permit renewal shall be assessed in the amount of two hundred dollars ($200.00). An additional fee shall be assessed in the amount of one hundred dollars ($100.00) for past due applications.
6. An appeal filing fee shall be assessed in the amount of one hundred dollars ($100.00). (Ord. 4261, 10-6-1997)
The charge for making connection to an existing public sewer in the near vicinity of a property for which it is desired that service be provided shall be determined as follows:
A. Where the property to be served has been specifically assessed for the sewer facilities prior to the time of the application for connection, there shall be no additional connection charge, unless at the time of assessment a deficiency was allowed. Then, the sewer connection charge shall be equal to the deficiency previously allowed.
B. Where the property to be served has not been assessed or is not subject to an assessment of a special tax for the construction of the sewer facilities to which connection is sought and said sewer was built through assessments, the connection charge shall be equal to the average front footage charge assessed to all property on the sewer involved applied to the front footage of the property to be served. Where the property has frontage on two (2) intersecting streets, the footage to which the charge shall be applied shall be the one considered the front in all usual proceedings for assessments. Where unusual parcel shape would make the charge inequitable to the owner or to the city, the frontage shall be taken as the lot width at the face of the building.
C. Where the property to be served has not been subject to assessment for the cost of the public sewer, constructed before January 1, 1978, and the cost thereof was paid by general taxation, the sewer connection charge shall be calculated on the basis of five dollars fifty cents ($5.50) per front foot of actual lot frontage, as hereinabove defined, plus fifty dollars ($50.00) hookon.
D. Where the property to be served has not been subject to assessment for the cost of the public sewer constructed after January 1, 1978, and before January 1, 1982, and the cost thereof was paid by general taxation, the sewer connection charge shall be calculated on the basis of fifteen dollars ($15.00) per front foot of actual lot frontage as hereinbefore defined or the actual front footage construction cost (including engineering, real and administrative charges) whichever charge is lesser, plus a hookon charge in the amount of two hundred dollars ($200.00) per acre prorated to lesser portions of an acre with a minimum hookon charge of fifty dollars ($50.00) per hookon.
E. Where the property to be served has not been subject to assessment for the cost of the public sewer constructed after January 1, 1982, and the cost thereof was paid by general taxation, the sewer connection charge shall be calculated on the basis of the actual front footage construction cost (including engineering, real and administrative charges), plus a hookon charge in the amount of two hundred dollars ($200.00) per acre prorated to lesser portions of an acre with a minimum hookon charge of fifty dollars ($50.00) per hookon. (Ord. 4261, 10-6-1997)
F. The subject matter of this section is legally described as follows:
Property lying within the North One-half (1/2) of the Northwest Quarter (1/4) of Section 14, Township 88, Range 13 West, City of Waterloo, Black Hawk County, Iowa, except right-of-way of E. Shaulis Road and Hammond Avenue (hereinafter "described property").
All "described property" not currently assessed for the cost of the public sewer which proposes to be served by the public sewer or any extension of the public sewer shall be assessed a hookon charge at the rate of one thousand one hundred twenty four dollars sixty seven cents ($1,124.67) per acre. This hookon charge shall be paid in full by the developer in lump sum within thirty (30) days of the city council's acceptance of a subdivision final plat that is within the "described property". The areas to be used for calculating the hookon fee shall include the entire area of the subdivision, including street rights of way, and any included or adjoining areas not used for residential or commercial development, including, without limitation, ponds, lakes, and parks. Any area not included in a subdivision final plat but that is a part of the "described property" and which proposes to hook on to the public sewer or any extension of it shall, at the time the property owner or user applies to hook on to the public sewer or any extension of it, pay in full any lump sum it owes to hook on to the public sewer or any extension of it. Hookon charges for unplatted areas shall be determined by the size of the entire parcel being served.
G. The provisions of the hookon charge provided for in this section shall not apply to any property covered by a specific hookon charge ordinance. (Ord. 4469, 4-16-2001)
Before a permit for a new cross or lateral sewer connection to a main sewer shall be granted, the applicant shall have complied with the terms and conditions for such connection established by the city council. Such terms and conditions may include, but not be limited to, engineering design, construction standards, requirements for inspection of construction of the applicant's sewer, and the setting of equitable fees to be paid for the right to connect to public sewer and all facilities to which the sewer will be contributory. (Ord. 4261, 10-6-1997)
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