City of Belfast, ME DIVISION 9 Sewer Connection and Sewer Use Policy

Sec. 62-268 Introduction to Sewer Policy.

[7-18-2017]

(a) The purpose of this policy is to help implement City requirements identified in City Code of Ordinances, Chapter 62, Utilities regarding the connection to and use of public sewer. This policy provides information to persons who connect to and use City sewer, to the public, and to City Departments and personnel regarding the following:

(1) The process the City will use to review and issue a permit to allow either a new connection to public sewer or an increase in the amount of sewer flow for an existing sewer customer;

(2) The amount of a sewer connection fee and sewer use fee and how the amount of the respective fee is calculated;

(3) When a fee is required and when it must be paid;

(4) The fee to submit an application for a new sewer connection;

(5) How the City will use the respective fees that are collected;

(6) The process the City will use to inspect work performed to construct a new connection; and

(7) How an applicant can choose to appeal a decision of the City regarding a sewer connection or sewer use permit application.

(b) Chapter 62, Utilities, §§ 62-35, Sewer Charges, 62-62, Permit, and 62-92, Issuance of a Building Sewer Permit, more specifically establish the City's authority to assess a fee for the connection to and use of public sewer, the requirement that a person who connects to City sewer must obtain a permit from the City to make a connection, the standards that apply to how a connection is constructed, and the process the City will use to inspect and approve the construction of a specific connection. All of the above sections specify that the City Council has the authority to establish the amount of the sewer connection and use charges (fees).

Sec. 62-269 Specific requirements of City Sewer Connection and Sewer Use Policy.

[7-18-2017]

(a) Requirement to submit a sewer connection and use permit application.

(1) New connection. Any person or owner (hereinafter "applicant") who makes a new connection to the City sewer system shall be required to submit a sewer connection and use permit application to the City Code and Planning Department and to obtain City approval of said permit prior to making a connection to the City sewer system and prior to the discharge of any sewage to the City sewer system. The Code and Planning Department is responsible for preparing an application form and making such available to the public and for coordinating the internal City review and approval of the permit application.

(2) Increase in sewage from an existing connection. Any person or owner (hereinafter "applicant") who makes changes to a property that results in an increase in the amount of sewage generated (design flow) on the property that is proposed to be discharged to the City sewer system shall be required to submit a sewer use permit application to the City Code and Planning Department and to obtain City approval of said permit prior to the discharge of additional sewage to the City sewer system. The City shall use July 19, 2017, as the date of implementation of this requirement. The Code and Planning Department is responsible for preparing an application form and making such available to the public and for coordinating the internal City review and approval of the permit application.

(3) Change in property ownership. A change in ownership of a property, provided said change does not result in any change in the amount of sewage generated (design flow) on a property, shall not result in a requirement to submit a sewer connection or use permit application to the City. A new owner, however, shall inform the City Tax Collector of the change in ownership for purposes of assisting the City in properly invoicing semiannual sewer service bills.

(b) Application fee.

(1) New connection. The fee to submit an application for a new connection to City sewer shall be $75. The City will use this fee to help defray costs incurred by City personnel in determining how a property must be connected to City sewer and in performing inspections of the new sewer connection to determine if said connection complies with City requirements.

(2) Increase in sewage from an existing connection. There is no fee to submit an application to increase the amount of sewage generated (design flow) from a property that has an existing connection to the City sewer (connected on or after July 19, 2017).

(c) Requirement to pay a sewer connection and use fee.

(1) New connection. An applicant who proposes to make a new connection to the City sewer system shall pay all required sewer connection and use fees to the City prior to making a new connection to the City sewer system.

(2) Increase in sewage from an existing connection. An applicant who has an existing connection to the City sewer system (connected on or after July 19, 2017) who proposes to increase the amount of sewage generated (design flow) on a property that will be discharged to the City sewer system shall pay all required use fees to the City prior to the discharge of additional sewage (design flow) to the City sewer system, subject to any exceptions allowed in § 62-269(d) of this Policy.

(d) Amount of fee and how fee is calculated.

The amount of the sewer connection and use fee is established at $4 for each gallon per day (gpd) of sewage generation (design flow).

The City shall use the Design Flow tables identified in Section 4, Design Criteria, Subsection D, Design Flows, Subsection E, Design Flows for Dwelling Units, and Subsection F, Design Flows for Other Facilities, of the most recently adopted State of Maine Subsurface Wastewater Disposal Rules (10-144 CMR Ch. 241), effective date August 3, 2015, as such code may be amended from time to time, as the most appropriate method to determine the amount of gallons per day of use associated with a specific use. Alternatively, the City may use existing water use data, provided such data is consistent with requirements identified in Section 4, Design Flows, Subsection G, Water Use Data, of these same State Rules. The Code and Planning Department shall have the authority to interpret and make decisions regarding the amount of sewage generation (flow) associated with a specific use and to establish the amount of fee to assess an applicant. Said decision of the Department shall be final, subject to an applicant submitting an administrative appeal to the City of Belfast Zoning Board of Appeals; reference § 62-269(l) of this Policy regarding the appeal process.

(1) New connection. The sewer connection fee for a new connection shall be determined by multiplying the amount of gallons per day of design flow by $4 gpd. However, the minimum amount of a sewer connection fee for a new connection shall be $500, regardless of the amount of gallons per day of sewage generation ($500 minimum fee applies to a new connection that would be required to pay a fee of less than $500 based solely on multiplying the amount of gallons per day of design flow by $4 gpd).

(2) Increase in sewage for an existing connection. An applicant who was connected to the City sewer on or after July 19, 2017, and who proposes to increase the amount of sewage generation (design flow) by more than 90 gallons per day compared to the amount of sewage generation (design flow) associated with the then current use of the property, shall be required to pay a sewer use fee that is determined by multiplying the number of gallons per day of design flow in excess of 90 gallons per day by $4 gpd. In addition, the 90 gallons per day exception identified above, applies only to the first/initial application submitted by an applicant (first application submitted after July 19, 2017) to increase the amount of design flow. As such, any subsequent application that is submitted to increase the amount of design flow shall pay a use fee equal to the amount of design flow that would be generated by the subsequent increase in the amount of sewage generation (design flow); amount of design flow multiplied by $4 gpd.

(e) Requirement to pay semiannual sewer service bill. An applicant who submits an application to make a new connection to the City sewer system shall be assessed a sewer service bill (semiannual bill) beginning on the date that the City approved the City sewer connection permit regardless of the date that the applicant begins and completes the physical connection of the property to the City sewer system. If the applicant does not complete the physical connection during the same billing period that the sewer connection permit is approved, the applicant shall be charged the minimum semiannual sewer bill until such time that the applicant connects to the City sewer and begins to use said service.

(f) Approval of permit application.

(1) The City Code and Planning Department shall be responsible for coordinating City review and approval of a permit application for a new sewer connection or a permit application to increase the amount of sewage generation (design flow) from a property that is currently connected to the City sewer. The Department shall consult with the Superintendent of the Wastewater Treatment or their designee, the Superintendent of Public Works or their designee, and the Superintendent of the Belfast Water District or their designee, to determine if the property can be connected to the City sewer system and how the connection could occur, if the Wastewater Treatment plant has the capacity to accept additional sewage, particularly the type of waste that would be generated, and any issues that may be associated with how public water service is provided to the property. The Code and Planning Department shall not approve a permit that has not been reviewed and approved by both the Superintendent of Public Works (or their designee) and the Superintendent of the Wastewater Treatment Plant (or their designee).

(2) It is specifically noted that the installation of a new sewer connection may require an applicant to disturb existing City infrastructure, such as but not limited to: making a connection to an existing sewer manhole, making a connection to an existing sewer pipe, digging in an existing City road and disturbing the existing road bed and road surface, and disturbing existing stormwater management facilities. An applicant who disturbs any existing City infrastructure located within a public way shall be required to obtain a Road Opening Permit from the Superintendent of Public Works (or their designee) and to comply with all conditions established by the Superintendent. It is specifically noted that the Superintendent may establish a condition to require the applicant to make an escrow (performance guarantee) payment to the City which the City can use to make repairs to City infrastructure if the repairs made by the applicant or their contractor fail to satisfy City standards.

(g) Sewer connections to comply with Chapter 62, Utilities, standards. City Code of Ordinances, Chapter 62, Utilities, identifies the standards for making a new connection to the City sewer system. The City will use these standards to identify how an applicant must construct a connection to the City sewer system.

(h) Inspection of new sewer connections.

(1) An applicant who is issued a permit to allow a new connection to the City sewer system shall be responsible for contacting the City Code Enforcement Officer or the Superintendent of Public Works (or their designee) to request and schedule all required inspections of a new sewer connection, including the connection to the City sewer, the installation of the pipe from the applicant structure to the City sewer, and how the connection is made to the applicant structure. An applicant shall not cover any of the sewer connection until a City representative has inspected and approved the connection made by the applicant. If an applicant fails to receive City approval of a connection before covering the improvement, the applicant shall be required to uncover the system so the City can properly inspect the connection and shall be subject to issuance of a notice of violation pursuant to standards identified in Chapter 62, Utilities, Violations; enforcement; penalties. An applicant shall provide the City a minimum of 48 hours (two work days - City does not perform inspections on weekends or holidays) of notice regarding a request for any inspection of the sewer connection that the applicant has constructed.

(2) Further, if an applicant schedules an inspection, but fails to have made the improvements prior to when City staff arrives to make the inspection, or if the applicant is not present when the inspection is scheduled so that the City can discuss the connection with the applicant, the applicant shall be responsible for paying an additional fee of $50 for the City to reschedule and make a subsequent inspection.

(i) City use of sewer connection and use fees.

(1) The application fee ($75) paid by an applicant for a new connection to the City sewer system shall be allocated to the Code and Planning Department Code Compliance account (110-3330).

(2) The fee paid by an applicant for a new sewer connection or the fee paid by an applicant for an increase in the amount of sewage generation (design flow) for an existing connection (customer) shall be allocated to the Wastewater Treatment Plant Reserve Fund account (990-3040).

(3) The fee paid by an applicant for a road opening permit that is associated with a new sewer connection shall be allocated to Road Opening Permit account (1-2007-00).

(j) Failure to obtain permit and/or to pay required fees. An applicant who fails to obtain a permit identified in § 62-269(a) shall be deemed to be in violation of Chapter 62, Utilities, and this policy, and shall be subject to prosecution pursuant to the procedure and standards identified in Chapter 62, Utilities, § 62-33, Violations; enforcement; penalties. Further, the City shall assess a sewer service use fee (semiannual sewer bill) for the length of time which an applicant failed to obtain the required permit, and to increase said fee by allowable interest charges identified in Chapter 62, Utilities.

(k) Waiver of sewer connection and sewer use fees. Consistent with Chapter 62, Utilities, § 62-35, the City Council shall have the authority to approve just and equitable discounts and abatements in exceptional cases in the amount of fee identified in § 62-269(d). An applicant who seeks a discount or abatement in the amount of fee shall be required to submit a written request to the City Council and describe why they believe an adjustment is warranted. The City Council shall act on such a request at a regular or special City Council meeting. The Council has the authority and discretion to determine what constitutes an exceptional case and to determine the amount of the fee. A decision of the City Council on such a request is not an appealable action to the Belfast Zoning Board of Appeals, reference § 62-269(l) of this policy.

(l) Appeal of Code and Planning Department decision on a sewer connection or increase in sewer use application. An applicant shall have the right to submit an Administrative Appeal to the Belfast Zoning Board of Appeals regarding a decision by the Code and Planning Department to approve, to approve with conditions or to deny a sewer connection application or a sewer use application that is submitted pursuant to this Policy. An applicant must submit an appeal in accordance with procedures identified in the City Code of Ordinances, Chapter 102, Zoning, Article II, Administration, Division 4, Appeals and Variances. A decision by the Code and Planning Department shall not qualify for a variance by the Zoning Board of Appeals.

(m) Significant industrial user and industrial wastes. Chapter 62, Utilities, § 62-35, Sewer charges, Subsection (c), Industrial users, establishes the authority of the City to establish a special sewage service charge for any industrial firm or organization which, by virtue of the volume, strength or unusual characteristics of its waste alone, would overload or upset the capacity or efficiency of the sewage works or any part thereof if such waste entered the public sewer, or whose waste disposal situation is such that it would be in the public interest to waive the basic requirements. Chapter 62, Utilities, Division 7, Pretreatment and Permitting of Industrial and Unusual Wastes, establishes the City authority and procedures to consider and act on a request from an applicant to discharge industrial and unusual wastes to the City sewer system. Any and all requests from an applicant for the City to accept industrial or unusual wastes shall be submitted to and reviewed by the Superintendent of the Wastewater Treatment Plant and will be governed by the standards in Division 7 (referenced above) rather than the standards identified in this Sewer Connection and Use Policy.

(n) Amendments to sewer connection and use policy. The City Council adopted the Sewer Connection and Use Policy to assist in implementing standards identified in City Code of Ordinances, Chapter 62, Utilities. This Policy was adopted through the procedure the City uses to consider amendments to the City Code of Ordinances; First Reading, Second Reading and public hearing, and publication of notice of the public hearing. The City Council shall have the authority to amend this Policy from time to time and shall comply with the procedure for the adoption of amendments to the City Code of Ordinances in its consideration of any proposed amendments.

(o) Effective date of policy. The City Council adopted this City of Belfast Sewer Connection and Sewer Use Policy at the regular Council meeting of July 18, 2017. The effective date of this Policy shall be July 19, 2017.