No unauthorized person shall uncover, make any
connection with or opening into, use, alter or disturb any public
sanitary sewer or appurtenance thereof, nor shall any unauthorized
person discharge any industrial waste into any public sanitary sewer
or appurtenance thereof, nor shall any customer increase the volume
of acceptable wastewater discharged into any public sanitary sewer
or appurtenance thereof above the established allocation for said
customer, without first obtaining a written permit of approval from
the approving authority.
There shall be three classes of sanitary sewer
service permits:
A. Sanitary sewer connection permit, for the approval
of all residential and nonresidential service connections.
B. Industrial waste discharge permit, for acceptance
into the WPC system of discharges of industrial waste as defined in
this chapter.
C. Allocation increase permit, for the approval of any
increase in the volume of acceptable wastewater above the established
allocation to include change in use, redevelopment, or change in property
use resulting in the need for additional allocation.
[Amended 8-23-2022 by Ord. No. O-22-10]
To obtain a permit, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications and/or other information required in accordance with the administrative regulations of the approving authority. These supplements shall be part of the application. The date of the application shall be the date that the completed application is received by the City. A sanitary sewer service application fee shall be charged in accordance with §
240-19 of this article. A permit shall not be issued unless the application has been approved by the approving authority. The approved permit must contain the signatures of both the approving authority and the Plumbing Inspector.
If an application is approved as herein set
forth and the owner, applicant or agent does not secure the permit
within one year of the approval date, then said approval may be deemed
null and void.
[Amended 9-29-2020 by Ord. No. O-20-29]
A sanitary sewer service application fee shall
be charged for each application for a permit and shall be due and
payable at the time that the application is filed. The Council of
the City of Hagerstown shall, by ordinance, fix, establish and adjust
the amount of the sanitary sewer service application fee, in accordance
with the Charter of the City of Hagerstown. The sanitary sewer service
application fee shall be $50.
[Amended 8-23-2022 by Ord. No. O-22-10]
To preserve the integrity of the WPC system as it is designed
to function, the approving authority shall maintain a controlled allocation
of wastes to be discharged into said system. The approving authority
shall establish an appropriate allocation to each applicant for a
permit prior to the approval of the application for said permit. The
approving authority shall establish an appropriate allocation for
each multiple-unit residential customer and for each nonresidential
customer. Each allocation shall be based upon the estimated daily
volume of wastewater to be discharged or being discharged into the
WPC system, as determined by the approving authority.
A. Allocation shall not be increased unless the following requirements
are met:
(1) Owner shall make application to the Water and Sewer Department in
writing a minimum of six months prior to exceeding the established
property allocation when a change in process, production, number of
units, redevelopment, or any other change in property use that may
or shall result in exceeding the established property allocation.
(2) Should the annual average daily usage exceed the established allocation by 100 gallons per day or greater and the owner has not made application as required in §
238-10G(4)(a)[2][a] to purchase additional allocation, the City has the authority to terminate water service in accordance with §
238-17 of City Code.
(3) If the daily average usage exceeds the established allocation and application has not been made for the purchase of additional allocation, the owner will be charged the applicable residential rate per §
240-63 for inside customers and §
240-64 for outside customers.
The estimated daily volume of wastewater to
be discharged or being discharged to the WPC system shall be determined
by the approving authority from the previous, current and/or anticipated
amount of water consumption and other factors considered significant
by the approving authority and/or from information provided by the
applicant and/or by other sources.
For any allocation issued to an applicant for
a permit, the approving authority may divide the total allocation
and proportionally distribute these partial allocations in increments
to coincide with the schedule of development.
The allocation to an applicant for a permit
shall become effective on the date that the applicant or his agent
secures his grant permit.
The approving authority shall notify each customer
who on the date of adoption of this article is a customer of the proposed
allocation for said customer, except that said notification shall
not be required for single-family residential customers. Unless a
customer shall have informed the approving authority, in writing,
within 30 days of his receipt of said notification of allocation of
his intention to file an application for an allocation increase permit
and unless said customer shall have filed said application within
90 days of his receipt of said notification of allocation, the proposed
allocation shall be the established allocation for said customer,
and any subsequent application by him for an allocation increase permit
shall be subject to a benefit charge in accordance with the provisions
of this article. All applications for an allocation increase permit
shall be handled in accordance with the provisions of this article.
[Amended 8-23-2022 by Ord. No. O-22-10]
The allocation established for any applicant for a permit as
specified in this article shall be for the location specified in the
application for said permit, and said established allocation shall
not be transferable to any other location unless otherwise authorized
as follows:
A. Transfer of allocation.
(1) Transfer of allocation shall only be permitted for properties with
purchased allocation. Allocation assigned when the benefit fee rules
and regulations were adopted.
(2) Transfer of allocation shall only be permitted when the existing
established allocation is 1,500 gallons per day or greater. One thousand
gallons per day allocation shall remain with each property.
(3) All properties involved shall be zoned for commercial or industrial
development.
(4) Transfer of allocation may be authorized one time for property zoned
commercial or industrial. In the event a property is sold, transferred,
etc., and allocation was previously transferred, additional allocation
transfer shall not be permitted.
(5) Transfer of allocation shall be between properties shall be located
within the same government jurisdiction (either City or county) and
located in the medium range growth area (MRGA).
(6) Property redevelopment. Transfer of allocation shall be authorized
on properties with two or more parcels or lots within the redevelopment
plan, provided there is excess established allocation on one or more
parcel or lot in the redevelopment plan.
(7) Transfer of allocation from properties located inside municipal limits
to properties outside municipal limits but within the MRGA may be
authorized in accordance when the properties are zoned commercial
or industrial. For properties in the joint sewer service area (JSSA),
all requirements of the JSSA must be met.
(b)
The allocation transfer shall only occur when the highest average
annual usage for the previous three years remains with the property.
(c)
Transfer of allocation from properties zoned commercial or industrial
located inside municipal limits to properties zoned commercial or
industrial zoned located outside municipal limits and within the MRGA,
is contingent upon recommendation from the Director of Planning and
Code Administration and the Director of Utilities to, and approval
by, the Mayor and City Council.
(8) Payment of benefit fee differential for outside customers shall be
required when allocation is transferred from a municipal property
to a property located outside Hagerstown corporate boundaries.
(9) All City Code requirements and City policies pertaining to wastewater
service remain in full effect.
The approving authority shall establish, maintain
and keep records ordinarily deemed necessary in the development of
an estimate of the volume of discharge of wastewater to a sanitary
sewer system from various type of residential and nonresidential establishments
and facilities. These records shall be available to the public.
[Amended 8-23-2022 by Ord. No. O-22-10]
The approving authority shall review and assess
the actual daily volume of sewage, waters, wastes and wastewaters
being discharged into the water pollution control system by its customers.
If, as a result of these reviews, it is determined by the approving
authority that said volume of discharge of any customer has significantly
exceeded his established allocation, the approving authority may notify
the said owner thereof, and the owner or his agent, shall, within
30 days of receipt of said notification, file an application for an
increased allocation permit in accordance with this article. If the
amount of increased discharge above the established allocation is
determined by the approving authority to be 50 gallons per day or
more, the approving authority shall notify the owner or his agent
(except single-family residences or single-family residential units)
as specified herein.
[Amended 8-23-2022 by Ord. No. O-22-10]
If, as a result of reviews conducted by the
approving authority as specified in this article, it is determined
by the approving authority that the volume of sewage, waters, wastes
and wastewaters being discharged into the water pollution control
system by any customer has been less than the established allocation
for said customer by 50 gallons per day or more for at least one year,
the approving authority shall notify the said owner or his agent thereof,
that his established allocation shall be reduced to a proposed allocation
as determined by the approving authority. The owner or his agent shall
then have a total of 90 days from the date of receipt of said notification
to file an application to again increase his established allocation.
If the customer, or the owner or his agent, does not file an application
for allocation increase, then the new reduced allocation amount as
determined by the approving authority automatically takes effect.
If, however, the owner or his agent, exceeds this new determined allocation
but stays within his original allocation for three consecutive years,
the owner or his agent will not be assessed any additional benefit
charge and the established allocation will be increased consistent
with the highest annual average usage for the prior three-year period.
The approving authority shall have the right to apply any allocation
amount that is taken from a customer, or an owner or his agent, to
another customer, owner or his agent.
One service connection shall be provided for
each lot at the time of installation of the public sanitary sewer
to serve such lot. Additional service connections or any changes requested
after the public sanitary sewer is installed shall be at the sole
expense of the property owner. Any lot shall be served once only and
may be served at any point, front, rear or side, whichever is deemed
most feasible by the approving authority. In the event that a lot
or parcel of land is subdivided or reallotted in any manner, the cost
of all service connections, charges or extensions needed shall be
at the sole expense of the property owner. This shall be in addition
to all other applicable charges required by this chapter.
[Amended 5-28-2002 by Ord. No. 2002-15; 9-29-2020 by Ord. No. O-20-29]
The connection charge for a lateral connection
to the sanitary sewer service system shall be $1,300, beginning November
1, 2020, and shall be due and payable at the time the connection permit
is issued. An additional connection charge for a wye side-by-side
connection shall be $200, beginning November 1, 2020, and shall be
due and payable at the time the connection permit is issued.
A. A benefit charge shall be assessed for each allocation
established with the approval of an application for a permit and shall
be due and payable at the time that the permit is issued. The benefit
charge is intended, generally, to distribute the City's installed
cost of the WPC collection system and a pro rata share of the WPC
plant cost to the benefited property owners. The benefit charge shall
be levied upon the applicant for a permit, or the owner or owners
of the property or properties to be served, and shall be in the amount
or amounts equal to the product of the allocation established with
the approval of an application for a permit, in gallons per day as
determined by the approving authority, multiplied by the established
rate per gallon of allocation, except that the benefit charge for
an allocation established with the approval of an application for
a sanitary sewer connection permit shall not be less than the established
minimum benefit charge. The Mayor and Council of the City of Hagerstown
shall, by ordinance, fix, establish and adjust the amount of the minimum
benefit charge and the amount of the benefit charge rate per gallon
of allocation, in accordance with the Charter of the City of Hagerstown.
If for any reason, the benefit charge is not paid when due, then the
outstanding balance owed by the property owner(s) will constitute
a lien on the property served and be collectible in accordance with
applicable legal remedies.
[Amended 10-28-2003 by Ord. No. 2003-38]
(1) The Mayor and Council may establish as provided in
this section a different benefit charge for service within the City's
corporate boundaries from that established for service outside the
City's corporate boundaries.
(2) The county will collect and remit to the City in accordance
with the terms of the flow transfer agreement between the City and
the county the City's benefit charge collected in the joint service
areas as defined in the consolidated general services agreement between
the City and the county.
(3) The City will collect the City benefit charge and
the county connection charge and the construction reserve charge,
also referred to as "allocation fees," provided for in the flow transfer
agreement applicable to sewer service provided by the City outside
its corporate boundaries, not in a joint sewer area. The City will
remit to the county the county connection charge and construction
reserve charge. The City will retain the City benefit charge.
B. Use of funds. The revenues received from the WPC benefit
charge are to be used exclusively to fund major capital additions,
replacements or improvements to the WPC treatment plant, collection
system or related system facilities required for additional capacity.
[Added 7-26-1994 by Ord. No. 1994-27]
C. Administrative policies for the sewer benefit charge
shall be established by the Water and Sewer Department and shall be
available at the Water and Sewer Department or the Office of the City
Clerk.
[Added 6-27-2000 by Ord. No. 2000-29]