[Ord. 2018-354]
a. 
The following requirements shall apply to all users of the POTW:
(1) 
All users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge.
(2) 
New or increased contributions of pollutants or changes in the nature of pollutant discharged to the POTW shall require prior approval by the Water Pollution Control Plant Manager.
(3) 
Industrial users shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. The notification shall comply with the requirements set forth in 40 CFR 403.12(p)
(4) 
Introduction or contribution of any pollutants without the notice and approval required by this section is prohibited. Upon the receipt of notice required by this section the Water Pollution Control Plant Manager shall within 180 days or less approve the discharge if he finds the proposed discharge meets applicable pretreatment standards and requirements and would not cause the POTW to violate its NPDES permit. The Water Pollution Control Plant Manager shall deny permission for the discharge if he finds applicable pretreatment standards and requirements are not met or the discharge would cause the POTW to violate its NPDES permit. In lieu of denial of permission the Water Pollution Control Plant Manager may allow such contribution or discharge upon conditions, which would not violate applicable pretreatment standards or requirements and would not cause the POTW to violate its NPDES permit.
Any part of this section notwithstanding, upon receipt of the notice required by this section the Water Pollution Control Plant Manager may require, in addition to the requirements of this section, that an industrial user obtain a permit under this chapter.
[Ord. 2018-354]
The following prohibitions shall apply to all users of the POTW unless the user is subject to a more restrictive NCPS, IDNR, or wastewater discharge permit limit. The following substances are prohibited from discharge to the POTW:
A. 
General Prohibitions: No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State or local pretreatment standards or requirements.
B. 
Specific prohibitions: No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
1. 
Pollutants that create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140° F. (60° C.) using test methods referenced in 40 CFR 261.21. At no time shall two successive readings on a meter capable of reading L.E.L. (lower explosive limit) at the nearest accessible point to the POTW, at the point of discharge into the POTW, or at any point in the POTW be more than 5% nor any single reading greater than 10%;
2. 
Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.5 or greater than 12;
3. 
Solid or viscous pollutants which will cause obstruction to the flow in the POTW resulting in interference. Such pollutants include, but are not limited to: grease, garbage with particles greater than one-half inch any dimension, animal tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing waste, or tumbling and de burring stones, and wastewater containing fat, wax, O&G, or other substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 650° C.);
4. 
Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate or pollutant concentration which will cause interference or pass through at the POTW or which constitutes a slug load as defined in this chapter;
5. 
Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case wastewater or vapor having a temperature higher than 150° F. (65° C.) at the point of introduction into the POTW; and in no case waste water or vapor which alone or in concert with other discharges produces a temperature at the POTW treatment plant greater than 104° F. (40° C.);
6. 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through;
7. 
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems or a public nuisance;
8. 
Any trucked or hauled pollutants, except at discharge points designated by the POTW;
9. 
Radioactive wastes unless they comply with IAC 641-40.72, 641-40.88 and 641-40 Appendix B, Table III,
10. 
Pollutants causing excessive discoloration (such as, but not limited to, dye waste and vegetable tanning solutions);
[Amended 11-9-2022 by Ord. No. 2022-528; Ord. 2018-354]
A. 
General provisions.
1. 
Dilution. Users shall not increase the use of process water or, in any way; attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in the NCPS, or with any other pollutant specific limitation developed by the City.
2. 
Sample location. Measurement of pollutant concentrations to determine compliance shall be made at the point immediately following the pretreatment facility and before mixture with other waters, unless another point is designated by the Water Pollution Control Plant Manager. If necessary, the concentrations so measured shall be recomputed to exclude the effect of any dilution that is improper using the combined waste stream formula.
B. 
Headworks limits - average mass. The average composite loading of all users contributing the following specific pollutants to the POTW shall not exceed the allowable total pounds. The allocation of pollutants between industrial and non- industrial sources may be adjusted by the Water Pollution Control Plant Manager provided that allowable total loading for any pollutant at the headworks of the POTW treatment plant is not exceeded.
Table 1
Davenport Water Pollution Control Plant
2606 South Concord Street
Head Works Allowable Loading
Pollutant
30 Day Average (lbs)
Al
5408.728
As
15.763
Ba
NA
Cd
3.037
Total Cr
11.252
Cu
46.237
Fe
682.836
Pb
36.657
Hg
1.004
Mo
44.749
Ni
183.286
Se
3.828
Ag
2.662
Zn
147.974
Total Phenols
3018.538
Total Cyanide
16.446
Table 2
Davenport Water Pollution Control Lagoon
West Locust Street
Head Works Allowable Loading
Pollutant
30 Day Average (lbs)
Al
NA
As
NA
Ba
NA
Cd
0.002
Total Cr
0.062
Cu
0.084
Fe
NA
Pb
0.011
Hg
NA
Mo
NA
Ni
0.072
Se
NA
Ag
0.002
Zn
8.338
Total Phenols
NA
Total Cyanide
0.002
Table 3
Davenport Water Pollution Control Plant
2606 South Concord Street
Tier 1 Significant Industrial User Local Limits
PB Leiner USA
Nestle Purina
Kraft Heinz
Pollutant
30 Day Average
30 Day Average
30 Day Average
Al
NA
NA
NA
As
0.14 Pounds
0.037 Pounds
0.08 Pounds
Ba
NA
NA
NA
Cd
0.070 Pounds
0.018 Pounds
0.04 Pounds
Total Cr
0.110 Pounds
0.03 Pounds
0.03 Pounds
Cu
0.320 Pounds
0.09 Pounds
0.19 Pounds
Fe
NA
NA
NA
Pb
0.070 Pounds
0.02 Pounds
0.04 Pounds
Hg
NA
NA
NA
Mo
NA
NA
NA
Ni
0.080 Pounds
0.02 Pounds
0.04 Pounds
Se
0.08 Pounds
0.02 Pounds
0.05 Pounds
Ag
0.07 Pounds
0.018 Pounds
0.04 Pounds
Zn
1.20 Pounds
0.32 Pounds
0.70 Pounds
Total Phenols
0.27 Pounds
0.071 Pounds
0.15 Pounds
Total Cyanide
0.081 Pounds
0.022 Pounds
0.05 Pounds
Table 4
Davenport Water Pollution Control Plant
2606 South Concord Street
Tier 2 Significant Industrial User Local Limits
Pollutant
30 Day Average
Al
NA
As
0.581 mg/L
Ba
NA
Cd
0.098 mg/L
Total Cr
0.199 mg/L
Cu
1.475 mg/L
Fe
NA
Pb
1.180 mg/L
Hg
NA
Mo
NA
Ni
6.937 mg/L
Se
0.127 mg/L
Ag
0.074 mg/L
Zn
4.801 mg/L
Total Phenols
115.833 mg/L
Total Cyanide
0.621 mg/L
Table 5
Davenport Water Pollution Control Lagoon
West Locust Street
Significant Industrial User Local Limits
Pollutant
30 Day Average
Al
NA
As
NA
Ba
NA
Cd
0.024 mg/L
Total Cr
0.924 mg/L
Cu
1.282 mg/L
Fe
NA
Pb
0.173 mg/L
Hg
NA
Mo
NA
Ni
1.099 mg/L
Se
NA
Ag
0.029 mg/L
Zn
5.00 mg/L
Total Phenols
NA mg/L
Total Cyanide
0.027 mg/L
C. 
Discharge concentration limits and review criteria.
1. 
The admission into the POTW of any materials, water or waste having a pollutant concentration or poundage greater than the limits in Tables 1 through 5 above, or containing pollutants not listed herein, shall be subject to the review and approval of the Water Pollution Control Plant Manager. After review of the proposed discharges, the Water Pollution Control Plant Manager may:
a. 
Reject the waste for reasons consistent with Section 13.16.020.
b. 
Require pre-treatment to an acceptable pollutant concentration for discharge to the POTW.
c. 
Require control of the quantities and rates of discharge of the water or waste.
d. 
Require payment to cover the added cost of handling and treatment of water and waste or any combination thereof.
e. 
Reduce the maximum or average mass loading of present and prospective individual users on any reasonable prorated basis to meet headworks loading limits at the POTW treatment plant.
f. 
Require the user to obtain a wastewater discharge permit and be subject to any of the rules and regulations contained therein.
g. 
Require the user to meet local limits or NCPS in cases where local limits are more restrictive than NCPS provided that headworks loading limits are met.
h. 
Initiate enforcement action in response to any non-compliance with this ordinance using the enforcement procedures outlined in this ordinance.
i. 
Take any combination of steps a through h as appropriate.
2. 
Users discharging wastewater to the POTW having pollutant concentrations or flows greater than the limits in Table 8 shall be considered non-domestic for purposes of sewer charges and may be regulated or permitted by the Water Pollution Control Plant Manager as appropriate:
Table 8
Domestic Pollutant Levels
Pollutant
Domestic Limit
BOD
250 mg/L
TSS
300 mg/L
D. 
No provision of this section shall be construed to provide lesser discharge standards than are presently or may hereafter be imposed and required by USEPA or IDNR, nor to allow the average allowable total loading for any pollutant at the headworks of the POTW treatment plant to be exceeded.
[Ord. 2018-354]
A. 
Users subject to National Categorical Pretreatment Standards (NCPS) as contained in 40 CFR Chapter I, Subchapter N, Parts 405 471 or future promulgated regulations shall comply with the standards and applicable reporting requirements under 40 CFR 403.12.
B. 
New sources of categorical discharge shall meet NCPS in the shortest feasible time but in no case longer than 90 days from the commencement of discharge. Failure to comply shall be a violation of this ordinance and subject the user to enforcement action.
C. 
The POTW shall notify all known affected categorical users of the applicable reporting requirements under 40 CFR 403.12. Failure of the POTW to notify the User shall not relieve the user of the duty, if any, to comply with NCPS.
D. 
Where a categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Water Pollution Control Plant Manager may impose equivalent concentrations or mass limits in accordance with 40 CFR 403.6 (c).
E. 
When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Water Pollution Control Plant Manager may convert the limits to equivalent limitations expressed either as mass of pollutant discharge per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial Users in accordance with 40 CFR 403.6 (c) (3) and (4).
F. 
When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not regulated by the same Standard, the Water Pollution Control Plant Manager shall impose an alternate limit in accordance with 40 CFR 403.6 (e).
G. 
A Categorical User may obtain a net/gross adjustment to a categorical Pretreatment Standard in accordance with 40 CFR 403.15
[Ord. 2018-354]
State requirements and limitations on discharges shall apply in any case where they are more stringent than USEPA or City requirements and limitations unless allowed by the state.
[Ord. 2018-354]
The City reserves the right to establish more stringent limitations or requirements on discharges to the POTW than those contained in this chapter if deemed necessary to comply with the purpose and policy objectives presented in section 13.16.020.
[Ord. 2018-354]
A. 
A user discharging, or with potential to discharge, any waste into the POTW as set forth in section 13.16.055, 13.16.060, 13.16.065, 13.16.070 or 13.16.075 shall be required by the Water Pollution Control Plant Manager to construct, install and operate, at the user's sole expense, such pretreatment facilities as may be required in order to:
1. 
Reduce the objectionable characteristics or constituents to within the maximum limits provided for in sections 13.16.055, 13.16.060, 13.16.065, and 13.16.070;
2. 
Control the quantities and rates of discharge of such wastewater;
3. 
Reduce the pollutants to such concentration and flows as may be contained in the user's wastewater discharge permit;
(a) 
New industrial users discharging into the POTW will be required to design and operate their pretreatment facilities to meet the domestic pollutant limits in Table 8.
(b) 
Existing industrial users planning significant modifications to their facility or discharge to the POTW will be required to install and operate pretreatment facilities to meet the domestic pollutant limits in Table 8.
4. 
Prevent the discharge of liquid waste containing O&G, sand in excessive amounts, any flammable waste, or other harmful pollutants. All traps or similar devices shall be of a type and capacity needed to perform effectively and shall be readily and easily accessible for cleaning and inspection. All traps or devices shall be provided and maintained in efficient operating condition at all times. Materials removed from traps shall be considered unacceptable for disposal at the POTW treatment plant unless specifically approved by the Water Pollution Control Plant Manager.
B. 
All plans, specifications, technical operating data and other information pertinent to the proposed operation and maintenance of pretreatment facilities shall be reviewed and approved by the Water Pollution Control Plant Manager prior to construction. Design and installation of such facilities shall be subject to the requirements of all applicable codes, chapters and laws, including local zoning regulations. The review and approval of such plans and operating procedures shall, in no way, relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Water Pollution Control Plant Manager under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operations shall be reported to and be acceptable to the Water Pollution Control Plant Manager prior to the user's initiations of the changes.
C. 
Users shall continuously maintain all pretreatment facilities required by this chapter in satisfactory and effective operating condition at the sole expense of such user.
D. 
No provision contained in this chapter shall be construed to prevent or prohibit a separate or special agreement between the City and any user whereby wastewater containing waste of unusual strength, character or composition may be accepted by the City for treatment, subject to additional payment by such user; provided however, that such agreement shall have the prior approval of the Water Pollution Control Plant Manager, shall not conflict with IDNR and USEPA requirements, and shall be consistent with sections 13.16.060(b), 13.16.065, 13.16.070 and 13.16.080(f) of this chapter.
E. 
The Water Pollution Control Plant Manager may reject any waste, which, in the opinion of the Water Pollution Control Plant Manager, may cause interference or pass through.
F. 
Users shall obtain the specific approval of the Water Pollution Control Plant Manager prior to discharging any waste resulting from a pretreatment facility to the POTW. The Water Pollution Control Plant Manager may develop a documentation system to track the transportation and final disposition of any pretreatment waste. Pretreatment waste regulated by this paragraph shall include waste generated as a result of pretreatment processes used to comply with NPDES permits, air pollution permits, wastewater discharge permits, soil/groundwater reclamation processes, and pollutants resulting from a spill of any liquid or solid material or the clean up of any such spill. Pretreatment waste is prohibited from disposal to the water of the state except as specifically permitted by IDNR.
[Ord. 2018-354]
Users shall not increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate pretreatment to achieve compliance with the limitations contained in the NCPS, or with any other pollutant specific limitation developed by the City.
[Ord. 2018-354]
A. 
Users, who upon internal review by the user personnel or upon review by the Water Pollution Control Plant Manager, are determined to have the ability to cause interference or pass through at the POTW or to discharge a slug shall provide protection from accidental discharge to the POTW of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be at the user's cost and expense.
B. 
Slug/Spill Control Plan (SCP). Users meeting the criteria in subsection A thereof shall develop a SCP and implement the plan after approval by the Water Pollution Control Plant Manager. The plan shall contain the following:
1. 
A description of discharge practices, including non-routine batch discharges;
2. 
A description of stored chemicals;
3. 
Procedures for immediately notifying the POTW of slug discharges, including any that would violate the discharge prohibitions in section 13.16.055 of this chapter. Notification procedures shall comply with paragraphs (c) and (d) of this subsection;
4. 
A description of procedures and structures necessary to prevent adverse POTW impact from accidental spills including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
5. 
A schedule for the completion or implementation of necessary procedures and structures. Complete implementation and installation of any procedures or structures shall be according to the shortest possible schedule but in no case longer than one year. Review and approval of such plans and operating procedures shall not relieve the User from the responsibility to modify and operate its facility as necessary to meet the requirements of this chapter.
C. 
Users shall immediately telephone and notify the POTW in the case of
1. 
Any discharge, including, but not limited to, accidental discharges, discharges of a non-routine episodic nature, a non-customary batch discharge, or a slug discharge that may cause potential problems for the POTW.
2. 
Any discharge, which violates section 13.16.055 of this chapter.
3. 
Any discharge into the POTW of a substance which is a listed or characteristic waste under 40 CFR 261. This type of discharge will also be require additional immediate reporting to the USEPA Regional Director and IDNR.
D. 
Immediate notification requirements shall include the name of caller, location and time of discharge, pollutant concentration, volume and the corrective actions taken.
E. 
Users shall submit a written report to the Water Pollution Control Plant Manager within five days following such an accidental or deliberate discharge describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Users shall submit follow up reports as may be required by the Water Pollution Control Plant Manager. Such report, or reports, shall not relieve the User of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such report relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or otherwise. Failure to report accidental or deliberate discharges may, in addition to any other remedies available to the City, result in the revocation of the discharger's wastewater discharge permit.
F. 
Users shall control production or all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss, or failure of its pretreatment facility until the facility is restored or an alternative method of pretreatment is provided. This requirement applies in the situation where, among other things, the primary source of power to the user's pretreatment facility is reduced, lost or fails.
G. 
Users required to have a SCP must permanently post a notice in English and the language of common use on the user's bulletin board or other prominent place advising employees whom to call should a prohibited discharge occur. Users shall insure that all employees who are in a position to cause, discover, or observe such an accidental discharge are advised of the emergency notification procedures.
[Ord. 2018-354]
A. 
For the purposes of this section, Upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the User. An Upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
B. 
An Upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of paragraph (c) are met.
C. 
An User who wishes to establish the affirmative defense of Upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
1. 
An Upset occurred and the User can identify the cause(s) of the Upset;
2. 
The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures;
3. 
The User has submitted the following information to the POTW within 24 hours of becoming aware of the Upset (if this information is provided orally, a written submission must be provided within five days):
(a) 
A description of the Indirect Discharge and cause of noncompliance;
(b) 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
(c) 
Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
D. 
In any enforcement proceeding the Industrial User seeking to establish the occurrence of an Upset shall have the burden of proof.
E. 
Users will have the opportunity for a judicial determination on any claim of upset only if an enforcement action brought for noncompliance with categorical pretreatment.
F. 
The User shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
[Ord. 2018-354]
A. 
Bypass is prohibited unless it is unavoidable to prevent loss of life, personal injury, or severe property damage or no feasible alternatives exist such as the use of auxiliary treatment facilities, retention of untreated waste, or maintenance during normal periods of equipment downtime.
B. 
The user may allow a bypass to occur which does not cause a violation of pretreatment standards, but only if it is for essential maintenance to assure efficient operation.
C. 
Notification of Bypass:
1. 
Anticipated Bypass. If the user knows in advance of the need for a bypass, it shall submit prior written notice, at least 10 days before the date of the bypass, to the Water Pollution Control Plant Manager.
2. 
Unanticipated Bypass. The user shall immediately notify the Water Pollution Control Plant Manager and submit a written notice to the POTW within five days. This report shall specify:
(a) 
A description of the bypass, its cause, and the duration;
(b) 
Whether the bypass has been corrected;
(c) 
The steps being taken or to be taken to reduce, eliminate and prevent a reoccurrence of the bypass.
D. 
Proper notification shall not relieve the user of liability for treatment costs and fees or other remedies as provided for in Section 13.16.080.
[Ord. 2018-354]
Every person whose premises are served by connection to the sanitary sewer system of the City either directly or indirectly, shall pay to the City a comprehensive sewer service charge for the use of and for services supplied by the wastewater facilities of the City, which charges shall consist of:
(1) 
A basic user charge;
(2) 
A surcharge for the O & M of the wastewater treatment plant for wastes contributed of strengths greater than domestic wastewater. All users contributing wastewater in excess of the concentrations hereafter listed shall be assessed a surcharge, which shall be in addition to the rates and charges ordinarily billed to such users for sewer use:
Table 10
Surcharged Pollutants
Pollutant
BOD
TSS
(3) 
A customer charge.
[Amended 5-24-2023 by Ord. No. 2023-229; Ord. 2018-354]
The rates for the comprehensive sewer service charges shall be reviewed annually and established from time to time by City Council ordinance and shall be as follows:
A. 
For Basic User Charge. The basic user charge shall be based on the quantity of flow estimated or actual flow of wastewater recorded by meters. The unit charge for wastewater measured in 100 cubic feet shall be computed as follows:
1. 
Unit Cost. The unit cost per 100 cubic feet shall be determined by dividing the anticipated budget for operation and maintenance of the wastewater treatment plant and the sanitary sewer system including debt service and anticipated, current year capital improvements by the estimated quantity of flow billed to all users of the sanitary sewer system.
B. 
For Surcharge. The surcharge for the O & M cost of the wastewater treatment plant shall be collected from those users who contribute wastes which strengths are greater than domestic wastewater. These users shall be sampled, and the sample analyzed at least once per month.
1. 
Monthly Excess BOD. The monthly excess BOD, expressed in milligrams per liter, shall be calculated by subtracting the BOD of domestic wastewater (250 milligrams per liter) from the monthly average BOD of a user. If the value is less than zero, zero shall be used to compute the average of excess BOD.
2. 
BOD Surcharge Amount. The surcharge for BOD shall be calculated by multiplying the excess BOD value by the unit BOD cost per pound.
3. 
Monthly Excess SS. The monthly excess SS, expressed in milligrams per liter, shall be calculated by subtracting the SS of domestic wastewater (300 milligrams per liter) from the monthly average SS of a user. If the value is less than zero, zero shall be used to compute the average of excess SS.
4. 
SS Surcharge Amount. The surcharge for SS shall be calculated by multiplying the excess SS value by the unit SS cost per pound. The total surcharge shall then be a summation of the surcharge for BOD and the surcharge for SS.
C. 
For the Customer Charge.
1. 
The cost of determining the amount due from each user and the collecting of same shall be borne by the user. Each user shall be billed on a regular basis, i.e., monthly or quarterly, for the amount of the comprehensive sewer service charges.
2. 
Each regular bill shall be increased by a charge to defray the cost of computing and mailing the bill. The cost per bill will be determined by dividing the anticipated budget, including the portion of the debt service and the anticipated current year capital improvements, by the total number of bills mailed to the users.
D. 
For single-family detached residential customers who are billed quarterly, the basic user charge shall be computed using the rate as determined in subsection A of this section, multiplied by the actual amount of water supplied by the water company (Iowa-American Water Company) as shown by the water meter readings of that company or 35 ccf, whichever is less. All other customers shall pay a basic user charge based upon the amount of water supplied by the water company as shown by the water meter readings of that company.
E. 
Special Rates. Grounds; Approval. Where, in the judgment of the Council, special conditions surround the use of water to the extent that the application of the comprehensive sewer user charge or method of measurement would be inequitable or unfair to either the City or the user, a special rate or method of measurement shall be established by the City. Such rates or methods of measurement shall be subject to approval by resolution of the Council. In such cases, the City Council may require that water consumed on the premises concerned shall be separately metered at the expense of the user, who shall also pay the cost of the reading resulting there from. In all cases, the comprehensive sewer user charge resulting shall be on an equal basis as nearly as may be with charges which would apply to an equal quantity and character of waste of other users of the wastewater system.
F. 
Replacement Component. Calculation; Use. The replacement component shall be 15% of the operation and maintenance (O & M) budget approved for the wastewater treatment plant in each fiscal year. The replacement component shall be calculated in each fiscal year and shall be added to the total O & M budget for the wastewater treatment plant for such year. Any portion of a replacement component which has not been used in a fiscal year shall not lapse but shall be retained, together with any interest accrued thereon; shall be carried forward and combined with any unused portion of any other replacement component for the current fiscal year, to be used to replace equipment at the wastewater treatment plant. A replacement component and any unused portion of a prior replacement component, plus any interest thereon, which has been carried forward as herein provided, shall be used only to replace equipment at the wastewater treatment plant. The O & M budget for the wastewater treatment plant plus the replacement component for the current fiscal year shall be used as the anticipated budget for calculating comprehensive sewer service charges for the use of the wastewater treatment plant.
G. 
All sewer fees billed after the ordinance effective date will use the revised rate schedule.
[3-9-2022 by Ord. No. 2022-126; Ord. 2018-354; Ord. 2018-87 §§ 1-9; Ord. 2016-160 §§ 1-3; Ord. 2014-85 §§ 1 — 4; Ord. 2013-277; Ord. 2012-49 §§ 1 — 4; Ord. 2010-60 § 1-4; Ord. 2008-155 § 1; Ord. 2007-91 § 1; 2003-27 § 1 (part)]
The rates for comprehensive sewer service supplied by the wastewater facilities of the City shall be as follows:
A. 
1. 
Effective July 1, 2022: 572.00 cents per one hundred cubic feet of water use as determined by water meter readings.
2. 
Effective July 1, 2023: 601.00 cents per one hundred cubic feet of water use as determined by water meter readings.
3. 
Effective July 1, 2024: 631.00 cents per one hundred cubic feet of water use as determined by water meter readings.
B. 
1. 
Effective July 1, 2022:
a. 
2184.00 cents per bill for monthly billed commercial customers,
b. 
1196.00 cents per bill for monthly billed residential customers,
c. 
2937.00 cents per bill for quarterly commercial billed customers,
d. 
2987.00 cents per bill for quarterly residential billed customers.
2. 
Effective July 1, 2023:
a. 
2293.00 cents per bill for monthly billed commercial customers,
b. 
1245.00 cents per bill for monthly billed residential customers,
c. 
3084.00 cents per bill for quarterly billed commercial customers,
d. 
3134.00 cents per bill for quarterly billed residential customers.
3. 
Effective July 1, 2024:
a. 
2408.00 cents per bill for monthly billed commercial customers, .
b. 
1296.00 cents per bill for monthly billed residential customers,
c. 
3238.00 cents per bill for quarterly commercial billed customers,
d. 
3288.00 cents per bill for quarterly residential billed customers
C. 
8.08 cents per pound of excess "BOD" over domestic strength wastewater.
D. 
17.61 cents per pound of excess suspended solids over domestic strength wastewater.
E. 
15,000 CCF Maximum Flow Per Day. The average flow shall be determined by dividing the total flow in the billing period by the number of days in the billing period. If the average flow exceeds 15,000 ccf per day, the quantity of 15,000 ccf multiplied by the number of days in the billing period shall be substituted in the calculation.
F. 
1. 
Effective July 1, 2018. $0.50 of rates established in Section B for residential customers per quarter to fund the no-fault sewer backup reimbursement program.
[Ord. 2018-87 § 9]
[Amended 5-11-2022 by Ord. No. 2022-245; Ord. 2018-354]
A. 
Unpaid sewer fees will be handled by one or a combination of the following collection methods:
1. 
The City Treasurer shall certify to the County Treasurer any comprehensive sewer user charge which is owed 60 days after the invoice is issued. All certified charges constitute a lien upon the premises served by the sanitary sewer system for which the charges were made and shall be collected in the same manner as taxes. Failure to send or receive a bill for comprehensive sewer user charges is not a defense to the collection of the charges.
2. 
Add a collection fee to customer balances and turn accounts over to a collection agency.
3. 
Turn accounts over to the State of Iowa to participate in the Iowa Income Offset program which is covered under Chapter 8A.504 of the Iowa Code.
4. 
City staff may order suspension of utility services to those premises for which the comprehensive sewer and/or clean water user charge is delinquent including but not limited to notifying Iowa American Water (IAW) to suspend water service as allowed by State of Iowa Code §476.20(I)(b) and 199 IAC 21.4(7).
a. 
Disconnection of service shall be permitted according to the conditions:
i. 
The City must enter into an agreement with Iowa American Water.
ii. 
The City shall notify the person promptly of the reason for refusal to serve and the person's right to file a complaint with the Iowa Utilities Board.
iii. 
The customer must have a combined delinquent balance of sewer and clean water fees in excess of an amount to be established by the Finance Director after notice is provided to the Mayor and City Council.
iv. 
The City must send a letter to the customer notifying the customer of the delinquent balance, allow the customer 12 days to respond excluding Sundays and holidays.
v. 
Allow the customer to enter up to two written agreements for the duration of 12 months to pay off the delinquent balance.
vi. 
Reconnect fees must be consistent with the water utilities approved tariff.
5. 
Collection fees shall be established by and additional collection methods may be initiated by the Finance Director.
[Added 3-22-2023 by Ord. No. 2023-130; Ord. 2018-354]
Fees for Compost tipping, Water Pollution Control Plant hauled waste, Water Pollution Control Plant permits for hauled waste, and the sale of Compost goods shall be set by resolution of the City Council.