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(A) Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the state (the “Commission”), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 (the “Act”), being 33 U.S.C. §§ 1251 et seq., and regulations under it, has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in Minn. Stat. § 473.121(24), as it may be amended from time to time) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, in addition to the charge based upon the volume of discharge. In order for the city to pay the costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is necessary to establish sewer strength charges and a formula for the computation for all industrial users receiving waste treatment services within or served by the city. Furthermore, Minn. Stat. § 444.075(3), as it may be amended from time to time, empowers the city to make the sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the County Auditor as a tax lien against the property served.
(B) Establishment of strength charges. For the purpose of paying the costs allocated to the city each year by the Commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the city, there is in addition to the sewer charge based upon the volume of discharge, a sewer charge for each person, company or corporation receiving waste treatment services within or served by the city, based upon strength of industrial waste discharged into the sewer system of the city (the “strength charge”).
(C) Establishment of strength charge formula. For the purpose of computing the strength charge stated in division (B) above, the strength charge formula designated in Res. 76-172 adopted by the governing body of the Commission on June 15, 1976, is adopted by reference. The formula is based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission.
(D) Strength charge payment. The strength charge established by division (B) above must be paid by each industrial user receiving waste treatment services before the twentieth day succeeding the date of billing to the user by or on behalf of the city, and the payment will be deemed to be delinquent if not paid by the date done. Furthermore, if the payment is not paid before the date due, an industrial user shall pay interest compounded monthly at the rate of two-thirds of 1% per month on the unpaid balance due.
(E) Establishment of tax lien. As provided by Minn. Stat. § 444.075(3), as it may be amended from time to time, if payment of the strength charge in division (B) above is not paid before the sixtieth day succeeding the date of billing to the industrial user by or on behalf of the city, the delinquent sewer strength charge, plus accrued interest established pursuant to division (D) above, will be deemed to be a charge against the owner, and the city or its agent will certify the unpaid delinquent balance to the County Auditor with taxes against the property served for collection as other taxes are collected.
(2001 Code, § 700.11)