From and after April 1, 1980, the wastewater
system shall be operated and maintained, on the rate basis as authorized
by law and provided for in this chapter.
A.
The City Manager is hereby authorized, with the consent
of the City Commission, to determine and establish a schedule of construction
charges for the various sizes and types of sanitary sewer connections
for each calendar year. Each schedule shall become effective when
approved by motion duly adopted by the City Commission. Such schedule
of charges shall be based on the following, as applicable:
B.
The Director may establish advance deposits for sanitary
sewer connection construction charges for each calendar year.
(1)
Advance deposits toward sanitary sewer connection
construction charges established under this section shall be made
before construction. Any balance owed shall be due within 30 days
after billing. Interest at the rate of 1% per month shall be charged
upon any delinquent unpaid balance. If such unpaid balance, with interest,
is not paid within six months, that fact shall be reported to the
City Commission for the establishment for a lien against the real
estate.
[Amended 3-9-1998 by Ord. No. 1649]
A.
The rates to be charged for wastewater service furnished
by the wastewater system shall be charged to all buildings or premises
having any connection with the system. Such rates shall be based upon
the water consumption of the user's premises, including water from
public and private supplies, or at the election of the user, the amount
of wastewater discharged into the wastewater system, except that the
service charge shall be based upon the size of the water meter.
B.
The owner of any building or premises receiving water
from any source other than the City water department shall register
the same with the Director and shall arrange to have suitable metering
facilities installed at his own expense to measure such private supply.
The meters shall be provided, maintained, and read by the water department,
for which the customer shall be charged the applicable water service
charge in addition to the established charges for wastewater services.
In any interim period allowed by the Director prior to such installation,
the Director may establish such charges as he deems equitable, considering
the anticipated wastewater discharge.
C.
Any user of the wastewater system may elect to rearrange
his water supply pipes and metering, for the purpose of eliminating
from the total water consumption applicable to wastewater charges
the water not running to the sanitary sewers, or he may elect to establish
metering facilities registering the discharge from his premises to
the sanitary sewers. All such arrangements shall be made subject to
the approval of the Director, and the expense thereof, including installation,
maintenance, and operation, shall be borne by the user.
D.
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the City
and any industrial user whereby an industrial waste of unusual strength
or character may be accepted by the City for treatment. Any user who
enters into a special agreement or arrangement with the City shall
be subject to all user and industrial costs or fees established in
the special agreement. No special agreement shall be entered into
which is in conflict with Section 307 of Public Law 92-500 or with
any other local, state, or federal law or regulation.
[Amended 3-9-1998 by Ord. No. 1649; 9-13-1999 by Ord. No.
1681; 6-18-2001 by Ord. No. 1723; 4-19-2004 by Ord. No. 1769; 7-2-2007 by Ord. No. 1831; 2-4-2008 by Ord. No. 1836; 1-19-2010 by Ord. No.
1864; 2-21-2011 by Ord. No. 1880; 2-6-2012 by Ord. No. 1890; 5-5-2014 by Ord. No. 1921; 1-20-2015 by Ord. No.
1931; 2-20-2017 by Ord. No. 1946; 1-16-2018 by Ord. No. 1956; 2-4-2019 by Ord. No. 1980; 2-17-2020 by Ord. No. 2003; 2-15-2021 by Ord. No. 2024; 2-21-2022 by Ord. No. 2044; 9-19-2022 by Ord. No. 2054]
A.
Each user of the treatment works shall pay charges as set out in Subsections A(1), (2), (3) and (4) below. Municipal wholesale customers and industrial customers whose wastewater contributions are monitored shall be charged fixed monthly charges specific to their allocated revenue responsibility as set forth in Subsection A(1). All other users shall pay charges equal to the sum of those set out in Subsections A(2) and (3) below, according to the service charge (meter reading, billing expense, and allocated infiltration/inflow costs) in Subsection A(1) and the commodity charge (quantity of wastewater at average domestic strength and septic haulers at higher strengths as indicated) in Subsection A(2).
(1)
Fixed monthly charges.
(a)
The following service charges shall apply to all users who are
served on a wholesale basis or as a monitored industrial user. These
amounts represent allocated revenue responsibility based on their
specific wastewater contributions.
|
OM&R
($/month)
|
Capital
($/month)
|
Total
($/month)
| |
|---|---|---|---|
|
Municipal Wholesale Customers
| |||
|
Portage
|
285,400
|
110,100
|
395,500
|
|
Galesburg
|
7,100
|
3,100
|
10,200
|
|
Vicksburg
|
18,100
|
7,100
|
25,200
|
|
Gull Lake
|
59,400
|
22,700
|
82,100
|
|
Augusta
|
4,300
|
1,700
|
6,000
|
|
Mattawan
|
24,100
|
9,300
|
33,400
|
|
South County
|
7,100
|
2,700
|
9,800
|
|
Contract Industrial Customers
| |||
|
Pfizer
|
383,600
|
90,200
|
473,800
|
|
Graphic Packaging
|
161,400
|
8,900
|
170,300
|
|
Other Monitored Industrial Customers
| |||
|
Allnex USA
|
44,800
|
2,600
|
47,400
|
|
Arvco
|
1,900
|
100
|
2,000
|
|
Continental Linen
|
8,600
|
500
|
9,100
|
|
Domestic Linen Supply
|
2,300
|
100
|
2,400
|
|
Kal Metal Finishers
|
1,300
|
100
|
1,400
|
|
Kalsec
|
66,100
|
14,400
|
80,500
|
|
Kalamazoo Brewing
|
42,800
|
9,800
|
52,600
|
|
Green Bay Pkg
|
6,500
|
1,200
|
7,700
|
|
Clean Earth Env
|
3,000
|
1,000
|
4,000
|
|
Waste Mngt
|
2,800
|
600
|
3,400
|
|
Zoetis
|
25,200
|
3,000
|
28,200
|
|
MPI Research
|
10,900
|
1,200
|
12,100
|
(b)
Commercial or industrial users whose wastewater strengths are
monitored and tested by City technical services staff shall be allocated
revenue responsibility based on their monitored wastewater contributions
(quantity, BOD, SS and NH3) relative the system in total. Any commercial
or industrial user, or septage hauler, who is not monitored by City
technical services staff, and who believes that their wastewater strengths
are below average domestic wastewater strengths (BOD - 239 mg/l, SS-259
mg/l, NH3 - 18.3 mg/l) may document their wastewater strengths to
the satisfaction of the Director (or pay the cost of sampling and
testing by City technical services staff) and shall be charged a fixed
monthly amount that reflects the allocated revenue responsibility
based on their specific contributions.
(2)
Service charges. The following service charges shall apply to all
users connected or required to be connected regardless of quantity
of wastewater discharged. The service charge is a user charge, and
it contains billing and inflow and infiltration charges for retail
customers.
Service Charges (minimum charges per billing period):
|
Inside City Quarterly
| |||
|---|---|---|---|
|
Size of meter
(inches)
|
OM&R
($/bill)
|
Capital
($/bill)
|
Total
($/bill)
|
|
5/8
|
15.30
|
0.55
|
15.85
|
|
3/4
|
15.80
|
0.60
|
16.40
|
|
1
|
17.32
|
0.78
|
18.10
|
|
1 1/2
|
19.34
|
1.00
|
20.34
|
|
2
|
24.91
|
1.60
|
26.51
|
|
3
|
65.89
|
6.05
|
71.94
|
|
4
|
81.07
|
7.69
|
88.76
|
|
6
|
116.48
|
11.56
|
128.04
|
|
Flat rate
|
82.96
|
10.38
|
93.34
|
|
Outside City Quarterly
| |||
|---|---|---|---|
|
Size of meter
(inches)
|
OM&R
($/bill)
|
Capital
($/bill)
|
Total
($/bill)
|
|
5/8
|
15.30
|
4.88
|
20.18
|
|
3/4
|
15.80
|
5.38
|
21.18
|
|
1
|
17.32
|
6.85
|
24.17
|
|
1 1/2
|
19.34
|
8.80
|
28.14
|
|
2
|
24.91
|
14.17
|
39.08
|
|
3
|
65.89
|
53.75
|
119.64
|
|
4
|
81.07
|
68.41
|
149.48
|
|
6
|
116.48
|
102.63
|
219.11
|
|
Flat rate
|
82.96
|
46.20
|
129.16
|
|
Inside City Monthly
| |||
|---|---|---|---|
|
Size of meter
(inches)
|
OM&R
($/bill)
|
Capital
($/bill)
|
Total
($/bill)
|
|
5/8
|
11.93
|
0.18
|
12.11
|
|
3/4
|
12.10
|
0.20
|
12.30
|
|
1
|
12.60
|
0.25
|
12.85
|
|
1-1/2
|
13.27
|
0.34
|
13.61
|
|
2
|
15.13
|
0.53
|
15.66
|
|
3
|
28.79
|
2.01
|
30.80
|
|
4
|
33.85
|
2.57
|
36.42
|
|
6
|
45.65
|
3.85
|
49.50
|
|
Dewatering
|
9.42
|
0.00
|
9.42
|
|
Outside City Monthly
| |||
|---|---|---|---|
|
Size of meter
(inches)
|
OM&R
($/bill)
|
Capital
($/bill)
|
Total
($/bill)
|
|
5/8
|
11.93
|
1.62
|
13.55
|
|
3/4
|
12.10
|
1.78
|
13.88
|
|
1
|
12.60
|
2.28
|
14.88
|
|
1-1/2
|
13.27
|
2.93
|
16.20
|
|
2
|
15.13
|
4.72
|
19.85
|
|
3
|
28.79
|
17.91
|
46.70
|
|
4
|
33.84
|
22.81
|
56.65
|
|
6
|
45.65
|
34.21
|
79.86
|
|
Dewatering
|
9.42
|
0.00
|
9.42
|
|
Septage haulers
|
9.42
|
0.00
|
9.42
|
(3)
Commodity charges.
|
Inside City Retail
| |||
|---|---|---|---|
|
OM&R
($/m3)
|
Capital
($/m3)
|
Total
($/m3)
| |
|
Residential (*)
|
0.784
|
0.124
|
0.908
|
|
Commercial
|
0.784
|
0.124
|
0.908
|
|
Industrial
|
0.784
|
0.124
|
0.908
|
|
Dewatering
|
0.784
|
0.124
|
0.908
|
|
Outside City Retail
| |||
|---|---|---|---|
|
OM&R
($/m3)
|
Capital
($/m3)
|
Total
($/m3)
| |
|
Residential (*)
|
0.784
|
0.495
|
1.279
|
|
Commercial
|
0.784
|
0.495
|
1.279
|
|
Industrial
|
0.784
|
0.495
|
1.279
|
|
Dewatering
|
0.784
|
0.495
|
1.279
|
|
Outside City Municipal Wholesale
| |||
|---|---|---|---|
|
OM&R
($/m3)
|
Capital
($/m3)
|
Total
($/m3)
| |
|
Portage SW Int.
|
0.690
|
0.304
|
0.994
|
|
Charleston Twp.
|
0.630
|
0.244
|
1.874
|
M3 = Cubic Meters
(*) Summer water consumption used in calculation of wastewater
bills shall not exceed 120% of winter quarter consumption for quarterly
users whose winter quarter water consumption is less than 200 cubic
meters and monthly users whose winter quarter water does not exceed
66 cubic meters per month.
(4)
Quality/quantity charges.
(b)
Septage haulers whose wastewater strengths are below average domestic wastewater strengths the amounts noted may document their wastewater strengths to the satisfaction of the Director (or pay the cost of sampling and testing by City technical services staff) and shall be allowed to pay quantity/quality rates in this Subsection A(4).
|
Commodity Charge
| |||
|---|---|---|---|
|
OM&R
($/m3)
|
Capital
($/m3)
|
Total
($/m3)
| |
|
Monitored Customers
| |||
|
Pfizer
|
0.390
|
(0.023)
|
0.367
|
|
Graphic Packaging
|
0.390
|
(0.222)
|
0.168
|
|
Industrial/Dewatering:
| |||
|
Inside City
|
0.390
|
0.041
|
0.431
|
|
Outside City
|
0.390
|
0.377
|
0.767
|
|
COD Strength Charge
| |||
|---|---|---|---|
|
OM&R
($/Kg)
|
Capital
($/Kg)
|
Total
($/Kg)
| |
|
Monitored Customers
| |||
|
Pfizer
|
0.305
|
0.033
|
0.338
|
|
Graphic Packaging
|
0.035
|
0.009
|
0.314
|
|
Industrial/Dewatering:
| |||
|
Inside City
|
0.305
|
0.009
|
0.314
|
|
Outside City
|
0.305
|
0.039
|
0.344
|
|
SS Strength Charge
| |||
|---|---|---|---|
|
OM&R
($/Kg)
|
Capital
($/Kg)
|
Total
($/Kg)
| |
|
Monitored Customers
| |||
|
Pfizer
|
0.984
|
0.049
|
1.033
|
|
Graphic Packaging
|
0.984
|
(0.013)
|
0.971
|
|
Industrial/Dewatering:
| |||
|
Inside City
|
0.984
|
(0.013)
|
0.971
|
|
Outside City
|
0.984
|
0.050
|
1.034
|
|
NH3-N Strength Charge
| |||
|---|---|---|---|
|
OM&R
($/Kg)
|
Capital
($/Kg)
|
Total
($/Kg)
| |
|
Monitored Customers
| |||
|
Pfizer
|
3.607
|
0.409
|
4.016
|
|
Graphic Packaging
|
3.607
|
0.165
|
3.772
|
|
Industrial/Dewatering:
| |||
|
Inside City
|
3.607
|
0.165
|
3.772
|
|
Outside City
|
3.607
|
0.485
|
4.092
|
Kg = Kilogram
B.
In addition to the above charges, each user shall pay the charges
for miscellaneous service and monitoring, as determined by the Director.
The charges may be revised by the Director whenever, in her/his opinion,
it is deemed appropriate. All charges shall be paid to the Department
of Public Services, and all funds received as result of the miscellaneous
charges will be credited to the wastewater system receiving account.
C.
Any person or entity who is responsible for discharging prohibited
material shall be charged the actual expense incurred by the City
for handling, treatment and/or removal of said material in the wastewater
system.
D.
Any user who is responsible for damage to the wastewater system shall
be charged the full cost of repair of damage to the wastewater system.
The cost shall include, but is not limited to, labor, equipment, materials,
and administrative expense, interest on borrowed funds, engineering,
legal, or other professional fees or expenses charged to the City
by other utilities or departments and any and all fines, costs, penalties,
or damages imposed upon the City by the United States, the State of
Michigan, or any court or administrative agency.
E.
Users will be notified at least once per year how much they are being
charged for their proportional operation, maintenance, and replacement
costs, as required by United States Environmental Protection Agency
regulations. (Ord. No. 1649, § 1, 3-9-98).
F.
The rates established by this ordinance amendment shall go into effect
for wastewater bills rendered on or after October 1, 2022.
[Amended 3-9-1998 by Ord. No. 1649]
A.
Users of the treatment works shall be divided into
classes. Classes shall be groups of users for which the wastewater
characteristics are approximately equal and services provided are
essentially the same. Classes and subclasses of users are hereby established
for capital charges as follows:
|
NONINDUSTRIAL USER CLASS
| |||
|
a.
|
Individual metered
| ||
|
a.1
|
Inside City
| ||
|
a.2
|
Outside City
| ||
|
b.
|
Master metered
| ||
|
b.1
|
Outside City
| ||
|
c.
|
Individual metered
| ||
|
c.1
|
Inside City
| ||
|
c.2
|
Outside City
| ||
|
d.
|
Contract industries served by Riverview Pumping
Station.
| ||
|
e.
|
Contract industries not served by Riverview
Pumping Station.
| ||
|
The user charges shall result in the distribution
of operation, maintenance, and replacement costs of the wastewater
system within the jurisdiction of the City to each user class in proportion
to such user's contribution of the total wastewater loading of the
treatment works. Factors such as strength, volume and delivery flow
rate characteristics shall be included to ensure a proportional distribution
of the costs. The Director may establish additional classes as are
determined to be necessary.
| |||
B.
The demand charge provided in § 28-73A applicable to single-family residences within the individually metered nonindustrial class shall be computed on the basis of the size of the water meter actually on the water service to the residence.
C.
The commodity user charge provided in § 28-73B for individually metered users in both the industrial and nonindustrial classes and the contract industrial users shall include the cost of treating wastewater with a level of pollutants up to and including 250 mg/l BOD5; or 625 mg/l COD and 290 mg/l SS. The commodity user charge provided in § 28-73B for master metered users in both the industrial and nonindustrial classes shall include the cost of treating wastewater with a level of pollutants up to and including 250 mg/l BOD5 and 290 mg/l
SS.
D.
Residential customers and other small users whose
water consumption as purchased from the water department is less than
200 cubic meters during the winter quarter shall be billed for wastewater
service in the other three quarters on the basis of the actual consumption
of water with a maximum quantity for any quarter equal to 120% of
the winter quarter. The winter quarter is defined as a three-month
billing period between November first of any one year and April thirtieth
of the subsequent year (both dates inclusive) in accordance with water
meter reading and billing schedules as used by the water department.
Where is evident that the water consumption during the winter quarter
does not fairly reflect the yearly consumption for nonsprinkling purposes,
the Director may use such three-month period or average as reasonably
appears to reflect normal waste after discharge from that residence
as a basis for the wastewater disposal service bill. All other users
shall be billed on a basis of water actually used in every billing
period or actual wastewater discharged through a meter.
[Amended 3-9-1998 by Ord. No. 1649]
Properties which have water service or a water supply and abut a sanitary sewer and have not been connected thereto shall become liable for payment of the demand charge prescribed in § 28-73 upon the expiration of a five-year period following the date when the sanitary sewer was accepted by the City as being ready for use.
[Amended 3-9-1998 by Ord. No. 1649]
Wastewater service charges shall be billed quarterly,
except that customers billed monthly for water shall be billed monthly
for the wastewater service charge. The person paying or responsible
for payment of the water bill shall, in like manner, be responsible
for payment of the wastewater service bill.
[Amended 3-9-1998 by Ord. No. 1649]
All charges for wastewater service shall become
due and payable on the date indicated on each bill. Payment made after
such date shall include an additional 5% of the amount due on the
due date.
[Amended 3-9-1998 Ord. No. 1649; 1-20-2015 by Ord. No. 1931]
A.
The charges for wastewater service are hereby recognized to constitute a lien on the premises receiving such service. This lien shall become effective immediately upon providing wastewater service to the premises but shall be not enforceable for more than three years after it becomes effective. Whenever any such charge against any property shall be delinquent for three months, the City officials in charge of the collection thereof may certify to the tax assessing officer of the City the fact of such delinquency, whereupon such charge shall be entered upon the next roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general City taxes against such premises are collected and the lien thereof enforced. Nothing in this section, however, shall be deemed to prevent the City from suing in a court of law to collect the amount due it for wastewater service charges as provided in Subsection C below. In addition to the other remedies provided in this section, the City shall have the right to shut off and discontinue the supply of water service to any premises for the nonpayment of wastewater service charges when due in accordance with the procedure established in Subsection B below.
B.
If a charge for wastewater service prescribed by this article is
not paid within 30 days after the billing therefor, and after the
customer has been given notice and an opportunity to be heard as provided
by law, all water service may be shut off and discontinued to the
customer owing or liable for such charge. Water service shut off pursuant
to this section shall not be restored until all sums due and owing
have been paid in full, including a collection fee of $10 and appropriate
security deposits as prescribed by resolution of the City Commission.
C.
At its option the City may, in addition to the remedies above, in
its corporate name, bring suit in any court of competent jurisdiction
for the collection of any wastewater service charge which, 30 days
after the billing therefor, has not paid. The production of the meter
record or cost record shall be prima facie evidence of the liability
to pay the amount therein shown to be due.
[Amended 3-9-1998 by Ord. No. 1649]
A.
The revenues of the wastewater system derived from
the collection of rates established by this article are hereby ordered
to be credited, as collected, to a separate account to be designated
as the wastewater system receiving account (hereinafter referred to
as the receiving account) and the revenues in such account shall be
credited to the following accounts quarterly in the manner hereinafter
specified for the purposes therein mentioned. The revenues of the
wastewater system may be deposited in such bank accounts and with
such depositories as the City Commission may, by resolution or ordinance
designate.
B.
Out of the revenue in the receiving account, there
shall be credited quarterly to a separate account, designated as the
operation and maintenance account, all funds collected from user charges
to be used for the administration and operation of the system, including
billing, accounting, postage and related costs, and such current expenses
for the maintenance thereof as may be necessary to preserve the same
in good repair and working order.
C.
There shall next be established and maintained a separate
account, designated as the debt retirement account, which account
shall be used solely and only for the purpose of paying the principal
of an interest on the bonds of the system as are now or may hereafter
be issued, except special assessment bonds. Any tax revenues designated
for use in retiring such bonds shall likewise be credited to this
account as and when received. There shall be set aside from time to
time in such account at least a sufficient amount to meet the principal
and interest requirements accruing in the current fiscal year.
D.
After all such funds have been credited as above provided,
the revenues derived from the charges collected and taxes designated
as aforesaid may be used for the purpose of construction, expansion,
extension and improvement of the system.
E.
Any surplus "capital charge" revenues remaining at
the end of any fiscal year, after the above requirements have been
met, shall be credited to the system surplus account and shall be
disposed of as directed by the City Commission.
