|
Sample
Ordinance on Use of Sewers
AN ORDINANCE AMENDING ORDINANCE
NO. 39 ESTABLISHING CONTROLS ON
THE USE OF PUBLIC SEWERS, INDUSTRIAL PRETREATMENT, AND THE
DETERMINATION AND LEVYING OF USER CHARGES FOR SUCH USE
The City Council of the City of __________, Minnesota, hereby ordains:
SECTION_1. This ordinance is an ordinance amending Ordinance No. 39 as
follows:
SECTION 2. Section 1.02 is amended by adding thereto the following
definition:
“Industrial Users or Industries are:
A. Entities that
discharge into a publicly owned wastewater treatment works, liquid wastes
resulting from the processes employed in industrial or manufacturing processes,
or from the development of any natural resources. These are identified in the
Standard Industrial Classification Manual, 1972, Office of Management and
Budget, as amended and supplemental under one of the following divisions:
Division A. Agriculture, Forestry and Fishing;
Division B. Mining;
Division D. Manufacturing;
Division E. Transportation, Communications, Electric, Gas, and Sanitary Sewer;
Division I. Services
For the purpose of this definition, domestic waste shall be considered to have
the following characteristics:
| BOD
|
Less than 250 mg/l |
| Suspended Solids |
Less than 302 mg/l |
B. Any non-governmental user of
a publicly owned treatment works which discharges wastewater to the treatment
works which contains toxic pollutants or poisonous solids, liquids, or gases in
sufficient quantity either singly or by interaction with other wastes, to
contaminate the sludge of any municipal systems, or to injure or to interfere
with any sewage treatment process, or which institutes a hazard to humans or
animals, creates a public nuisance, or creates any hazard in or has an adverse
effect on the waters receiving any discharge from the treatment works.
SECTION 3. Section 8.01 is
amended by deleting the last line and inserting in lieu thereof the following:
“Sewer rental charge and a connection charge as hereinafter provided.”
SECTION 4. Section 8.09 is amended by deleting it in its entirety and
inserting in lieu thereof the following:
“Nothing in this ordinance shall be held or construed as in any way stopping
or interfering with the City’s right to levy as taxes against any premises
affected, any delinquent or past-due sewer rental or connection charges. Each
and every sewer rental or connection charge levied by and pursuant to this
ordinance is hereby made a lien upon the lot, land, or premises served, and all
such charges which are on October 1 of each year past-due and delinquent, shall
be certified to the County Auditor as taxes on the real estate.”
SECTION 5. Section 8.12 is amended by deleting it in its entirety and
inserting in lieu thereof the following:
“The cost to be recovered pursuant to this ordinance and the unit cost
to be fixed by the City as defined herein shall be determined and allocated in
each of the following categories:
1) Category “A”: Operation and Maintenance
of the Wastewater Treatment Facilities. This shall include the cost of
administration, operation, maintenance, and replacement of the wastewater
treatment facilities, including sludge disposal costs, and including an amount
for replacement costs of equipment and real property.
Replacement costs shall be defined as expenditures for obtaining and installing
equipment, accessories, or appurtenances which are necessary during the useful
life of the wastewater treatment works to maintain the capacity and performance
for which such works were designed and constructed.
The user and connection charges determined under this category shall be
established by the Owner of the wastewater treatment facilities and shall be
only for those works utilized for wastewater treatment and subsequent sludge
disposal.
2) Category
"B”: Operation and Maintenance of the City’s Wastewater Collection
and Conveyance Facilities. This shall include the cost of administration,
operation, maintenance and replacement for the City’s wastewater collection
and conveyance facilities. Replacement shall include replacement costs of
equipment and real property and shall be segregated in a separate fund.
3) Category
“C”: Industrial Pretreatment Charge. An industrial pretreatment
charge is hereby imposed upon all industrial units subject to national or local
industrial pretreatment requirements. The industrial pretreatment charge shall
be the amount necessary to recover administrative costs associated with
permitting and monitoring the discharge of industrial wastewater into the
City’s wastewater disposal system.
The City may adopt charges and fees which may include:
a) fee for reimbursement of costs of setting up and
operating the City’s Pretreatment Program;
b) fee for monitoring, inspections, and surveillance
procedures;
c) fees for reviewing accidental discharge procedures
and construction;
d) fees for permit applications;
e) fees for filing appeals;
f) other fees as the City may deem necessary to carry
out the requirements contained herein.
4) Category
"D": Connection Charges. A connection charge is hereby
imposed upon all users in an amount necessary to recover administrative and
sewer billing costs, and to further provide for debt service, as well as those
expenditures required under Category “A” and Category “B” above not
fully covered by the rental (user) charge imposed by the City. This connection
charge shall be levied, therefore, in addition to said rental charge as follows:
a) Before
connecting to the City’s sewer system, a City sewer connection charge as
hereinafter provided for shall be paid. If, after the initial connection charge
is paid, an additional building permit(s) issue(s), or new sewer connections are
made, the connection charge shall be recalculated and any additional charges
shall be paid. Any change in the City sewer connection charge as hereinafter set
forth shall be by Council resolution in the manner provided for with respect to
water rates under Ordinance No. 30, as amended. The city connection charges
shall be paid to the City before a building permit or sewer connection permit is
issued unless other arrangements for payment are made and approved by the City.
The City Council may approve by way of an assessment agreement charges on new or
enlarged multiple residential, commercial or industrial buildings when the
number of equivalent residential connection units (ERC’s) is ten (10) or more.
The rate of interest shall be set by the City Council.
b) The
amount of the connection charge shall be determined by the City by first
determining the number of ERC’s applicable to the particular property. This
shall be done in accordance with the tables set forth in the Reserve Capacity
Charge Manual of the Metropolitan Waste Control Commission, revised 1990
edition, which is incorporated herein by reference as if fully set forth. Once
the appropriate number of ERC’s are determined in this manner, the connection
charge shall be as follows:
| Property Zoned R-l or R-3
|
$100.00 per ERC |
| Property Zoned R-2 or Multi-Family |
$250.00 per ERC |
| Property Zoned Commercial, Business or Industrial |
$750.00 per ERC |
c)
The City Clerk and the utilities superintendent shall determine the
number of ERC’s per connection. Appeals from their decisions shall be made to
the Utilities Commission.
d)
Once established, the number of ERC’s shall remain the same on the
property unless an addition to the property is made. Only the involuntary
removal or destruction of a non-conforming structure will be grounds for the
City Council to cancel or reduce the number of ERC’s on the property. This
reduction shall apply to the user charge only. With the permission of the
Council, an ERC can be transferred on the property from a structure being
removed to a structure being constructed.
e)
Any use not represented in the tables of the Manual referred to in
Paragraph (b) above shall be subject to a determination of the appropriate
number of ERC's by the City Clerk and the utilities superintendent based on
estimated flows, subject to the
appeal provision set forth above.
f)
Allocation of costs to be recovered by the connection charge shall be
determined by the City and may generally include those costs attributable to
wastewater collection and treatment, but not directly related to unit charges
for flow, BOD, and SS.
SECTION 6. That in all other respects, Ordinance No. 39 shall remain in full
force and effect as originally drafted.
SECTION 7. This ordinance shall become effective upon its passage and
publication according to law.
Passed by the City council of the City of ____________, Minnesota, this
__________ day of _______________, year _______________.
|