City of Bandera, TX SEWER USE REGULATIONS AND USER CHARGE SYSTEM

The city has provided facilities for the collection and treatment of wastewater to promote the health, safety, and convenience of its people and for the safeguarding of water resources common to all.

Provision has been made in the design, construction and operation of such facilities to accommodate certain types and quantities of industrial wastes in addition to normal wastewater.

It is the obligation of the producers of industrial waste to defray the costs of the wastewater treatment services rendered by the city in an equitable manner and, insofar as it is practicable, in proportion to benefits derived.

Protection of the quality of the effluent and proper operation of the wastewater collection and treatment facilities and quality of effluent may require either the exclusion, pretreatment, or controlled discharge at point of origin of certain types or quantities of industrial wastes.

BOD (biochemical oxygen demand).

The city shall require future compliance with any rules and regulations promulgated under the Texas Health and Safety Code and enforced by the state commission on environmental quality (TCEQ).

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.001)

§ 13.07.002 Definitions.

As used in this article:

Approving authority.

The city council’s duly authorized representatives.

The quantity of oxygen by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade.

Building sewer.

The extension from the building drain to the public sewer or other place of disposal (also called the house lateral and house connection).

District.

The city, or any authorized person acting in its behalf.

COD (chemical oxygen demand).

The measure of the oxygen-consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.

Control manhole.

A manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer.

Control point.

A point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.

Garbage.

Animal and vegetable wastes and residue from preparation, cooking and dispensing of food, and from the handling, processing, storage and sale of food products and produce.

Industrial waste.

Waste resulting from any process of industry, manufacturing, trade, or business, or from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater.

Industrial waste charge.

The charge made on those persons who discharge industrial wastes into the city’s sewer system.

Milligrams per liter (mg/l).

Means the same as parts per million, and is a weight-to-volume ratio; the milligrams-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.

Natural outlet.

Any outlet into a watercourse, ditch, lake, or other body of surface water or groundwater.

Normal domestic wastewater.

Wastewater, excluding industrial wastewater, discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 250 mg/l and BOD is not more than 250 mg/l.

Overload.

The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.

Person.

Any individual, and includes any corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or other legal entity.

pH.

The logarithm (base 10) of the reciprocal of the hydrogen ion concentration.

Public sewer.

A pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the city.

Sanitary sewer.

A public sewer that conveys domestic wastewater or industrial wastes, or a combination of both, and into which stormwater, surface water, groundwater, and other unpolluted wastes are not intentionally passed.

Slug.

Any discharge of water, wastewater or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation.

Standard Methods.

The examination and analytical procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, as prepared, approved, and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.

Storm sewer.

A public sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed.

Stormwater.

Rainfall or any other forms of precipitation.

Superintendent.

The water and wastewater superintendent of the city, or his duly authorized deputy, agent or representatives.

Suspended solids (SS).

Solids measured in mg/l that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and which are largely removable by a laboratory filtration device.

To discharge.

Includes to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or omissions.

Trap.

A device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes or other harmful substances.

Unpolluted wastewater.

Water containing:

No free or emulsified grease or oil;

No acids or alkalis;

No phenols or other substances producing taste or odor in receiving water;

No toxic or poisonous substances in suspension, colloidal state, or solution;

Wastewater service charge.

No noxious or otherwise obnoxious or odorous gases;

(6)

Not more than an insignificant amount in mg/l each of suspended solids and BOD, as determined by the state commission on environmental quality; and

(7)

Color not exceeding fifty (50) units as measured by the platinum-cobalt method of determination as specified in Standard Methods.

Waste.

Rejected, unutilized or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, or industrial activities.

Wastewater.

A combination of the water-carried waste from residences, business buildings, institutions, and industrial establishments, together with any ground, surface and storm water that may be present.

Wastewater facilities.

All facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes.

The charge on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal wastewater.

Wastewater treatment plant.

Any city-owned facilities, devices, and structures used for receiving, processing and treating wastewater, industrial waste, and sludges from the sanitary sewers.

Watercourse.

A natural or man-made channel in which a flow of water occurs, either continuously or intermittently.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.002)

§ 13.07.003 Prohibited discharges generally.

No person may discharge to public sewers any waste which by itself or by interaction with other wastes may:

Injure or interfere with wastewater treatment processes or facilities;

Constitute a hazard to humans or animals; or

Create a hazard in receiving waters of the wastewater treatment plant effluent.

All discharges shall conform to requirements of this article.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.003)

§ 13.07.004 Chemical discharges.

No discharge to public sewers may contain:

Cyanide greater than 1.0 mg/l;

Fluoride other than that contained in the public water supply;

Chlorides in concentrations greater than 250 mg/l;

Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; or

Substances causing an excessive chemical oxygen demand (COD).

No waste or wastewater discharged to public waters may contain:

Strong acid, iron pickling wastes, or concentrated plating solutions, whether neutralized or not;

Fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (0 and 65 degrees centigrade);

Objectionable or toxic substances exerting an excessive chlorine requirement to such degree that any such material received in the composite wastewater treatment works exceeds the limits established by the approving authority for such materials; or

Obnoxious, toxic or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions of section 13.07.003(a).

No waste, wastewater, or other substance may be discharged into public sewers which has a pH lower than 5.5 or higher than 9.5, or any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel at the wastewater facilities.

All waste, wastewater, or other substances containing phenols, hydrogen sulfide, or other taste-and odor-producing substances shall conform to concentration limits established by the approving authority. After treatment of the composite wastewater, concentration limits may not exceed the requirements established by state, federal, or other agencies with jurisdiction over discharges to receiving waters.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.004)

§ 13.07.005 Hazardous metals and toxic materials.

No discharges may contain concentrations of hazardous metals other than amounts specified in subsection (b) of this section.

The allowable concentrations of hazardous metals, in terms of milligrams per liter (mg/l), for discharge to inland waters, and determined on the basis of individual sampling in accordance with Standard Methods, are:

Metal	Not To Exceed
	Average	Daily Composite	Grab Sample
Arsenic	0.1	0.2	0.3
Barium	1.0	2.0	4.0
Cadmium	0.05	0.1	0.2
Chromium	0.5	1.0	5.0
Copper	0.5	1.0	2.0
Lead	0.5	1.0	1.5
Manganese	1.0	2.0	3.0
Mercury	0.005	0.005	0.01
Nickel	1.0	2.0	3.0
Selenium	0.05	0.1	0.2
Silver	0.05	0.1	0.2
Zinc	1.0	2.0	6.0

No other hazardous metals or toxic materials may be discharged into public sewers without a permit from the approving authority specifying conditions of pretreatment, concentrations, volumes, and other applicable provisions.

Prohibited hazardous materials include but are not limited to:

Antimony;

Beryllium;

Bismuth;

Cobalt;

Molybdenum;

Uranyl ion;

Rhenium;

Strontium;

Tellurium;

Herbicides;

Fungicides; and

Pesticides.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.005)

§ 13.07.006 Particulate size.

No person may discharge garbage or other solids into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half (1/2) inch in any dimension are prohibited.

The approving authority is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.006)

§ 13.07.007 Stormwater and other unpolluted drainage.

No person may discharge to public sanitary sewers:

Unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage;

Unpolluted cooling water;

Unpolluted industrial process waters;

Other unpolluted drainage.

In compliance with the Texas Water Quality Act and other statutes, the approving authority may designate storm sewers and other watercourses into which unpolluted drainage described in subsection (a) of this section may be discharged.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.007)

§ 13.07.008 Temperature.

No person may discharge liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degrees centigrade), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten (10) degrees Fahrenheit or more per hour, or a combined total increase of plant influent to one hundred ten (110) degrees Fahrenheit.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.008)

§ 13.07.009 Radioactive wastes.

No person may discharge radioactive wastes or isotopes into public sewers without the permission of the approving authority.

The approving authority may establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive wastes into public sewers.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.009)

§ 13.07.010 Impairment of facilities.

No person may discharge into public sewers any substance capable of causing:

Obstruction to the flow in sewers;

Interference with the operation of treatment processes or facilities; or

Excessive loading of treatment facilities.

Discharges prohibited by subsection (a) of this section include, but are not limited to, materials which exert or cause concentrations of:

Inert suspended solids greater than 250 mg/l, including but not limited to:

Fuller’s earth;

Lime slurries; and

Lime residues.

Dissolved solids greater than 1,000 mg/l, including but not limited to:

Sodium chloride; and

Sodium sulfate.

Excessive discoloration, including but not limited to:

Dye wastes; and

Vegetable tanning solutions.

BOD, COD, or chlorine demand in excess of normal plant capacity.

No person may discharge into public sewers any substance that may:

Deposit grease or oil in the sewer lines in such a manner as to clog the sewers;

Overload skimming and grease-handling equipment;

Pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the nonamenability of the substance to bacterial action; or

Deleteriously affect the treatment process due to excessive quantities.

No person may discharge any substance into public sewers which:

Is not amenable to treatment or reduction by the processes and facilities employed; or

Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

The approving authority shall regulate the flow and concentration of slugs when they may:

Impair the treatment process;

Cause damage to collection facilities;

Incur treatment costs exceeding those for normal wastewater; or

Render the effluent unfit for stream disposal or industrial use.

(f)

No person may discharge into public sewers solid or viscous substances which may violate subsection (a) of this section if present in sufficient quantity or size, including but not limited to:

Ashes;

Cinders;

Sand;

Mud;

Straw;

Shavings;

Metal;

Glass;

Rags;

Feathers;

Tar;

Plastics;

Wood;

Unground garbage;

Whole blood;

Paunch manure;

Hair and fleshings;

Entrails;

Paper products, either whole or ground by garbage grinders;

Slops;

Chemical residues;

Paint residues; or

Bulk solids.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.010)

§ 13.07.011 Compliance.

Unless exception is granted by the approving authority, the public sanitary sewer system shall be used by all persons discharging:

Wastewater;

Industrial waste;

Polluted liquids.

Unless authorized by the state commission on environmental quality, no person may deposit or discharge any waste included in subsection (a) of this section on public or private property or into or adjacent to any:

Natural outlet;

Watercourse;

Storm sewer;

Other area within the jurisdiction of the city.

The approving authority shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state and local governments.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.011)

§ 13.07.012 Approving authority requirements for accepting restricted wastes.

If discharges or proposed discharges to public sewers may deleteriously affect wastewater facilities, processes, equipment, or receiving waters, create a hazard to life or health, or create a public nuisance, the approving authority shall require:

Pretreatment to an acceptable condition for discharge to the public sewers;

Control over the quantities and rates of discharge; and

Payment to cover the cost of handling and treating the wastes.

The approving authority is entitled to determine whether a discharge or proposed discharge is included under subsection (a) of this section.

The approving authority shall reject wastes when it determines that a discharge or proposed discharge does not meet the requirements of subsection (a) of this section.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.012)

§ 13.07.013 Approval of equipment and processes; installation and maintenance of required facilities.

If pretreatment or control is required, the approving authority shall review and approve design and installation of equipment and processes.

The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances and other laws.

Any person responsible for discharges requiring pretreatment, flow-equalizing, or other facilities shall provide and maintain the facilities in effective operating condition at his own expense.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.013)

§ 13.07.014 Traps.

Discharges requiring a trap include:

Grease, or waste containing grease, in amounts that will impede or stop the flow in the public sewers;

Oil;

Sand;

Flammable wastes; and

Other harmful ingredients.

Any person responsible for discharges requiring a trap shall at his own expense and as required by the approving authority:

Provide equipment and facilities of a type and capacity approved by the approving authority;

Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and

Maintain the trap in effective operating condition.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.014)

§ 13.07.015 Control manhole and sampling facilities.

Any person responsible for discharges through a building sewer carrying industrial wastes shall, at his own expense and as required by the approving authority:

Install an accessible control manhole;

Install meters and other appurtenances to facilitate observation, sampling and measurement of the waste;

Install safety equipment and facilities (ventilation, steps) where needed; and

Maintain the equipment and facilities.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.015)

§ 13.07.016 Sampling and testing methods.

Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage works and determining the existence of hazards to health, life, limb, and property. Note: The particular analysis involved will determine whether a twenty-four-hour composite sample from all outfalls of the premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls. Where applicable, a sixteen-hour, eight-hour or some other period may be required. Periodic grab samples are used to determine pH and oil and grease.

Examination and analyses of the characteristics of waters and wastes required by this article shall be:

Conducted in accordance with the latest edition of Standard Methods; and

Determined from suitable samples taken at the control manhole provided or other control point authorized by the approving authority.

BOD and suspended solids shall be determined from composite sampling, except to detect unauthorized discharges.

The approving authority shall determine which users or classes of users may contribute wastewater which is of greater strength than normal domestic wastewater. All users or classes of users so identified shall be sampled for flow, BOD, TSS and pH at least annually.

The city may select an independent firm or laboratory to determine flow, BOD, and suspended solids, if necessary. Flow may alternately be determined by water meter measurements if no other flow device is available and no other source of raw water is used.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.016)

§ 13.07.017 User charge system established.

Persons making discharges of industrial waste into the city system shall pay a charge to cover all costs of collection and treatment.

When discharges of any waste into the city system are approved by the approval authority, the city or its authorized representative shall enter into an agreement or arrangement providing:

Terms of acceptance by the city;

Payment by the person making the discharge, in accordance with the user charge system as established in subsection (e) of this section;

Sewer connection procedures and requirements shall be in accordance with the plumbing code as adopted by the city;

A sewer application approved with connection fee paid; and

Construction of sewer connections shall be approved by city inspectors prior to sewer use.

Each user of the wastewater treatment system will be notified, at least annually, in conjunction with a regular sewer bill, of the rate and that portion of user charges or ad valorem taxes which are attributable to the operation and maintenance of the wastewater treatment system.

The city will apply excess revenues collected from a class of users to the cost of operation and maintenance attributable to that class for the next year and adjust the rates accordingly.

The city user charge system [is as provided in division 2 of this article].

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.017)

§ 13.07.018 Industrial cost recovery system.

Not applicable. Public Law 96-483.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.018)

§ 13.07.019 Savings clause.

An entity discharging industrial wastes into public sewers prior to the effective date of this article may continue without penalty so long as it meets all of the following requirements:

Does not increase the quantity or decrease the quality of discharge without permission of the approving authority;

Has discharged the waste at least twenty-four (24) months prior to the effective date of this article; and

Applies for and is granted a permit no later than two hundred ten (210) days after the effective date of this article.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.019)

§ 13.07.020 Discharge permit conditions.

The city may grant a permit to discharge to entities meeting all requirements of the savings clause (section 13.07.019) provided that the entity:

Submits an application within sixty (60) days after the effective date of this article on forms supplied by the approving authority;

Secures approval by the approving authority of plans and specifications for the facilities when required; and

Has complied with all requirements for agreements or arrangements, including but not limited to provisions for:

Payment of charges;

Installation and operation of the facilities and of pretreatment facilities, if required; and

(C)

Sampling and analysis to determine quantity and strength when directed by the city; and

Provides a sampling point, when requested by the city, subject to the provisions of this article and approval of the approving authority.

A person applying for a new discharge shall:

Meet all conditions of subsection (a) of this section; and

Secure a permit prior to discharging any waste.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.020)

§ 13.07.021 Power to enter property.

The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this article.

Anyone acting under this authority shall observe the establishment’s rules and regulations concerning safety, internal security, and fire protection.

Except when caused by negligence or failure of person(s) to maintain safe conditions, the city shall indemnify the person(s) against loss or damage to their property by city employees and against liability claims and demands for personal injury or property damage asserted against the person(s) and growing out of the sampling operation.

The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the purposes of:

Inspection, observation, measurement, sampling or repair;

Maintenance of any portion of the sewerage system lying within the easements; and

Conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement pertaining to the private property involved.

No person acting under authority of this provision may inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the public sewers.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.021)

§ 13.07.022 Authority to disconnect service.

The city may terminate water and wastewater disposal service and disconnect a customer from the system when:

Acids or chemicals which may damage the sewer lines or treatment process are released to the sewer, potentially causing accelerated deterioration of these structures or interfering with proper conveyance and treatment of wastewater;

A governmental agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the city system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment; or

The customer:

Discharges waste or wastewater that is in violation of the permit issued by the approving authority;

Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system;

(C)

Fails to pay monthly bills for water and sanitary sewer services when due; or

(D)

Repeats a discharge of prohibited wastes to public sewers in violation of sections 13.07.003 through 13.07.010 as stated above.

If service is discontinued pursuant to subsection (a)(2) of this section, the city shall:

Disconnect the customer;

Supply the customer with the governmental agency’s report and provide the customer with all pertinent information; and

Continue disconnection until such time as the customer provides pretreatment/additional pretreatment or other facilities designed to remove the objectionable characteristics from his wastes.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.022)

§ 13.07.023 Notice of violation.

The city shall serve persons discharging in violation of this article with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.023)

§ 13.07.024 Continuing prohibited discharge.

No person may continue discharging in violation of this article beyond the time limit provided in the notice.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.024)

§ 13.07.025 Penalty; additional remedies.

A person who continues prohibited discharges is guilty of a misdemeanor and upon conviction is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code for each act of violation and for each day of violation.

In addition to proceeding under authority of subsection (a) of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.025; Ordinance adopting 2023 Code)

§ 13.07.026 Failure to pay bills.

In addition to sanctions provided for by this article, the city is entitled to exercise sanctions provided for by the other ordinances of the city for failure to pay the bill for water and sanitary sewer service when due.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.026)

§ 13.07.027 Criminal mischief.

The city may pursue all criminal and civil remedies to which it is entitled under authority of statutes and ordinances against a person negligently, willfully or maliciously causing loss by tampering with or destroying public sewers or treatment facilities.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.027)

§ 13.07.028 through § 13.07.080. (Reserved)

Division 2 User Charge System

§ 13.07.081 User classifications.

A user classification is hereby established for all users of the municipal wastewater facilities, as follows:

Class A: Residential users.

Class B: Commercial users.

Class A users shall include all residential type users, including, but not limited to, residences, apartment units, trailer court units, duplexes, or any other service primarily intended for domestic or residential type use. The city may include small office buildings, churches, and other low-volume (similar to domestic volume) users in class A.

Class B users shall include commercial users, such as, but not limited to, restaurants, cafes, carwashes, schools, hospitals, nursing homes, offices, hotels, motels, laundries, grocery stores, department stores, etc., not included in class A.

In the future, the city may establish other user classifications as necessary to meet local, state, or federal regulations, or the general needs of the area.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.081)

§ 13.07.082 Charges established; seasonal adjustment.

All users of municipal wastewater facilities shall be charged a minimum per month, plus a charge per one thousand (1,000) gallons of metered water consumption. The charges are on file in the office of the city secretary and are subject to periodic revision by the city. The water consumption per month to be billed for class A residential users shall be the average water consumption per month during the December through February period of each fiscal year in order not to count any water used during other months for purposes such as lawn and garden watering from which water is not returned into the wastewater facilities. The water consumption per month to be billed for class B commercial users shall be the actual water consumption recorded each month for the purpose of the water bill. In case of users not on a metered basis, the city shall establish an estimated water consumption based on a comparison of the nonmetered user with a metered user of similar class.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.082)

§ 13.07.083 Basis of charges; calculation.

All users of municipal wastewater facilities shall be charged on a volume basis, as the biochemical oxygen demand (BOD), suspended solids and other pollutant concentrations discharged are approximately equal for both class A and class B users. The charges shall be determined in accordance with the following formula:

Cu = Cb + (Ct/Vt)(Vu)

(Based on Model #1, 40 CFR 35, appendix B.)

Symbols and definitions:

Cu = A user’s charge per unit of time.

Cb = A user’s base minimum charge per unit of time for costs not associated with operation and maintenance of flow-related units of wastewater facilities.

Ct = Total operation and maintenance (O&M) costs per unit of time of flow-related units of wastewater facilities.

Vt = Total volume contribution from all users per unit of time (may include extraneous flows).

Vu = Volume contribution from a user per unit of time.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.083)

§ 13.07.084 Excessive strength charges.

For any user, when the BOD exceeds 250 mg/l, or the suspended solids exceed 250 mg/l, or when other pollutant concentrations exceed the range of concentrations of these pollutants in normal domestic sewage, a surcharge shall be added to the basic charge. This surcharge shall be calculated by the following formula:

Cs = (Bc (B) + Sc (S) + Pc (P)) Vu

(Based on Model No. 2, 40 CFR 35, appendix B.)

Symbols and definitions:

Cs = A surcharge for wastewaters of excessive strength.

Bc = O&M cost for treatment of a unit of biochemical oxygen demand (BOD).

B = Concentration of BOD from a user above a base level.

Sc = O&M cost for treatment of a unit of suspended solids (SS).

S = Concentration of SS from a user above a base level.

Pc = O&M costs for treatment of a unit of any pollutant.

P = Concentration of any pollutant from a user above a base level.

Vu = Volume contribution from a user per unit of time.

(1989 Code, app. B; Ordinance adopting 2009 Code; 2009 Code, sec. 13.06.084)

§ 13.07.085 Review and revisions.

The user charge ordinance shall be reviewed annually regarding the wastewater contribution of users and user classes, the total costs of the operation and maintenance of the treatment works, and its approved user charge system. The charges for users or user classes shall be revised to accomplish the following:

Maintain the proportionate distribution of operation and maintenance costs among user classes.

Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works.