[HISTORY: Adopted by the City Council of
the City of Fairfax as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch.
92.
Plumbing standards — See Ch.
176.
Storm drainage utility — See Ch.
197.
[Adopted 1-3-1995 by Ord. No. 103]
Unless the context specifically indicates otherwise,
the terms used in this article shall have the meanings hereby designated:
ACT
The Federal Water Pollution Control Act, also referred to
as the Clean Water Act, as amended, 33 U.S.C. § 1251 et
seq.
BOD5 or BIOCHEMICAL OXYGEN DEMAND
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five days
at 20° C. and as expressed in terms of milligram per liter (mg/l).
BUILDING DRAIN
That point of a building which conveys wastewater to the
building sewer, beginning immediately outside the building wall.
CITY
The area within the corporate boundaries of the City of Fairfax,
the City Council, its authorized representative.
DEBT SERVICE CHARGE
A charge to users of the wastewater treatment facility for
the purpose of repaying capital costs.
INDUSTRIAL USER
A.
Any entity as defined in the Standard Industrial
Classification Manual (latest edition) as categorized, that discharge
wastewater to the public sewer.
(1)
Division A: Agriculture, Forestry and Fishing.
(3)
Division D: Manufacturing.
(4)
Division E: Transportation, Communications,
Electric, Gas and Sanitary Sewers.
B.
Any user whose discharges, single or by interaction
with other wastes, contaminate the sludge of the wastewater treatment
system, injure or interfere with the treatment process, create a public
nuisance or hazard, have an adverse effect on the waters receiving
wastewater treatment plant discharges, exceed NDSW limitations, exceed
normal residential unit volumes of wastewater.
INFILTRATION/INFLOW (I/I)
Water other than wastewater that enters the sewer system
from the ground or from surface runoff, as defined in Minnesota Rules.
MPCA
Minnesota Pollution Control Agency.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewers, which
flows into a body of surface water or groundwater.
NONRESIDENTIAL USER
A user of the treatment facility whose building is not used
as a private residence, and discharges NDSW.
NORMAL DOMESTIC STRENGTH WASTE (NDSW)
Wastewater that is primarily introduced by residential users
with BOD5 concentrations not greater than 200
mg/l and total suspended solids (TSS) concentrations not greater than
240 mg/l.
OPERATION, MAINTENANCE AND REPLACEMENT COSTS (OM&R)
Expenditures necessary to provide for the dependable, economical,
and efficient functioning of the treatment facility throughout its
design life, including operator training and permit fees. Replacement
refers to equipment replacement costs, not the cost of future replacement
of the entire facility.
RESIDENTIAL USER
A user of the treatment facility whose building is used primarily
as a private residence and discharges NDSW.
SEWER
A pipe or conduit that carries wastewater or drainage water.
A.
BUILDING SEWERThe extension from the building drain to the public sewer or other place of disposal, also referred to as a service connection.
B.
SANITARY SEWERA sewer designed to carry only liquid and water-carried wastes from residential, nonresidential, and industrial sources together with minor quantities of I/I.
C.
STORM SEWERA sewer intended to carry unpolluted surface and subsurface water from any source.
SLUG
A discharge of water or wastewater which in concentration
or in quantity of flow exceeds for any period of duration longer than
15 minutes, more than five times the average twenty-four-hour concentration
of flows during normal operation.
TOTAL SUSPENDED SOLIDS (TSS)
The total suspended matter that either floats on the surface
of, or is in suspension in water, wastewater or other liquids, and
is removable by laboratory filtering as prescribed in Standard Methods
for the Examination of Water and Wastewater (latest edition).
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria
in effect, or water that would not cause violation of receiving water
quality standards. An example could be noncontact cooling water.
USER CHARGE
A charge to users of a treatment facility for the user's
proportionate share of the cost of operation and maintenance, including
replacement.
WASTEWATER
Liquid and water-carried wastes from residential, nonresidential,
and industrial users, together with any groundwater, surface water,
and stormwater that may be present.
WASTEWATER TREATMENT FACILITIES or TREATMENT FACILITIES
The land, devices, facilities, structures, equipment, and
processes owned or used by the City for the purpose of the transmission,
storage, treatment, recycling, and reclamation of municipal wastewater,
and the disposal of residues resulting from such treatment.
The community's governing council shall appoint
an authorized representative who shall have control and general supervision
of all public sewers and service connections in the community or sewer
district, and shall be responsible for administering the provisions
of this article to ensure that a proper and efficient public sewer
is maintained. The authorized representative may delegate responsibilities
to designated representatives.
A. Where a public sewer is not available under the provisions of §
253-2, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B. Before construction of a private wastewater disposal
system, the owner(s) shall obtain a written permit signed by the authorized
representative. The permit shall not become effective until the installation
is completed to the representative's satisfaction. A designated representative
shall be allowed to inspect any stage of construction. The applicant
for the permit shall give notification when ready for the system's
final inspection, and before any underground portions are covered.
The inspection shall be made within 72 hours of the receipt of the
notice.
C. The type, capacities, location and layout of a private
wastewater disposal system shall comply with all requirements of Minnesota
Rules Chapter 7080, and applicable local ordinances.
D. The owner(s) shall operate and maintain the private
wastewater disposal facilities in a sanitary manner at all times at
no expense to the community.
E. When the public sewer becomes available to a property
serviced by a private wastewater disposal system, a direct connection
shall be made to the public sewer within 30 days in compliance with
this article, and within 30 days private wastewater disposal systems
will be cleaned of all sludge. The bottom shall be broken to permit
drainage, and the tank or pit filled with suitable material.
F. No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the MPCA, the State Department of Health, or other responsible
federal, state, or local agencies.
No person(s) shall make any alteration to the
public sewer or any appurtenances thereof without first obtaining
a written permit from the City. No private building drain shall extend
beyond the limits of the building or property for which the permit
has been given.
A. Any new connection to the sanitary system shall be
prohibited unless sufficient capacity is available in all downstream
facilities, including, but not limited to, capacity for flow, BOD5, and TSS as determined by the authorized representative.
B. A separate and independent building sewer shall be
provided for each building. Old building sewers may be used to service
new buildings only when they are found to meet all requirements of
this section.
C. Whenever possible, the building sewer shall be brought
to the building at an elevation below the basement floor. In all buildings
in which any building drain is too low to permit gravity flow to the
public sewer, wastewater shall be lifted by an approved means and
discharged to the building sewer.
D. The construction and connection of the building sewer
to the public sewer shall conform to the requirements of the State
of Minnesota Building and Plumbing Code, applicable rules and regulations
of the City and the materials and procedural specifications set forth
in the American Society of Testing Materials (ASTM) and the Water
Pollution Control Federation (WPCF) Manual of Practice No. 9. All
such connections shall be made gas and watertight, and verified by
proper testing to prevent I/I.
E. No unpolluted water sources shall be connected to
the sanitary sewer.
F. The applicant for the building sewer permit shall
notify the community or sewer district when the building sewer is
ready for connection to the public sewer. The connection shall be
made under the supervision of a designated representative.
A. An appropriate construction license is required to
install a service connection. Any person desiring a license shall
apply in writing to the community's or district's governing council,
providing satisfactory evidence of the applicant's qualification.
If approved by the Council, the license shall be issued by a designated
representative upon the filing of a bond as hereinafter provided.
B. A license for sewer service connection installation
shall not be issued until a $2,000 bond to the community is filed
and approved by the Council. The licensee will indemnify the community
from all suits, accidents and damage that may arise by reason of any
opening on any street, alley or public ground, made by the licensee
or by those in the licensee's employment.
C. The cost of a license for making service connection
is $75. All licenses shall expire on December 31 of the license year
unless the license is suspended or revoked by the Council for any
reasonable cause.
D. The Council may suspend or revoke any license issued
under this section for any of the following causes:
(1) Giving false information in connection with the application
for a license.
(2) Incompetence of the licensee.
(3) Willful violation of any provisions of this section
or any rule or regulation pertaining to the making of service connections.
(4) Failure to adequately protect and indemnify the City
and the user.
A. Discharge to sanitary sewer. No unpolluted water or
stormwater shall be discharged to the sanitary sewer. Such water shall
be discharged only to storm sewers or to natural outlets approved
by the City and other regulatory agencies.
B. Discharge to public sewer. No person(s) shall discharge
any of the following substances to the public sewer:
(1) Liquids, solids, gases, or other substances which
singly or by interaction with others may cause fire or explosion.
(2) Solid or viscous substances which may cause obstruction
to the flow in a sewer.
(3) Wastewater having a pH of less than 5.0 or greater
than 9.5 or having any other corrosive or caustic property capable
of causing damage or hazard.
(4) Wastewater containing toxic pollutants, as defined
in section 307(a) of the Water Pollution Control Act and Minn. Stat.
§ 115.01 subd. 14.
Discharges of the following substances shall
be limited to concentrations or quantities which will not harm the
wastewater facility, streams, soils, vegetation, groundwater, and
will not otherwise create a hazard or nuisance. The authorized representative
may set limitations lower than the prohibition limits outlined below.
Consideration will be given to such factors as the quantity of waste
in relation to flows and velocities, materials of construction, the
community's NPDES and SDS permits, capacity of the treatment plant,
degree of treatability of wastes and other pertinent factors.
A. Wastewater having a temperature greater than 150°
F (65.6° C), or causing, individually or in combination with other
wastewater, the influent at the treatment facilities to have a temperature
exceeding 104° F (40° C), or having heat in amounts which
will be detrimental to biological activity in the treatment facilities.
B. Wastewater containing fats, wax, grease or oils in
excess of 100 mg/l or containing substances which may solidify or
become viscous at temperatures between 32° F (0° C) and 150°
F (65.6° C).
C. A discharge of water or wastewater which in concentration
or quantity of flow exceeds for any period of duration longer than
15 minutes, more than five times the average twenty-four-hour concentration
of flows during normal operation.
D. Food wastes not properly shredded to such a degree
that all particles will be carried freely under normal flow conditions
with no particle greater than 1/2 inch in any dimension.
E. Noxious or malodorous liquids, gases, or solids.
F. Wastewater with objectionable color not removed in
the treatment process.
G. Wastewater containing inert suspended solids in such
quantities that would cause disruption to the wastewater treatment
facilities.
H. Radioactive wastes or isotopes in concentrations that
exceed limits established by applicable state and federal regulations.
I. Wastewater with BOD
5 or suspended solids levels that require additional treatment, except as may be permitted by specific written agreement with the City subject to §
253-14 of this article.
J. Wastewater containing substances which cannot be treated
to produce effluent quality required by the permit or causes a violation
of any applicable local, state, or federal regulation.
A. In the event of discharges to the public sewers which contain substances or possess characteristics prohibited in §§
253-7B and
253-8 or which in the judgment of the representative may have a deleterious effect to the treatment facility, receiving water, soils, vegetation, or which create a hazard to nuisance, the representative may:
(1) Refuse to accept the wastes.
(2) Require pretreatment to an acceptable condition for
discharge to the public sewers, pursuant to Section 307(b) of the
Act and all addenda thereof.
(3) Require payment to cover all the added costs of handling,
treating, and disposing of wastes not covered by existing taxes or
sewer charges.
B. If the representative permits the pretreatment or
equalization of waste flows, the design, installation, maintenance
and efficient operation of the facilities and equipment shall be at
the owner's expense and shall be subject to review and approval by
the City pursuant to the requirements of MPCA.
C. No user shall increase the use of process water or
in any manner attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with the limitations
contained in this article, the National Categorical Pretreatment Standards,
and any state or local requirement.
D. Grease, oil and sand interceptors shall be provided
at the owner's expense when, in the opinion of the representative,
they are necessary for the proper handling of liquid wastes containing
floatable grease in excessive amounts, any flammable wastes, sand
or other harmful ingredients. All interceptors shall be readily and
easily accessible for cleaning and inspection. The owner shall be
responsible for the maintenance of interceptors, including proper
removal and disposal of the captured materials by appropriate means,
and shall maintain a record of dates and means of disposal which are
subject to review by the representative. Any material removal and
hauling must be performed by the owner's personnel or a currently
licensed waste disposal firm and in compliance with all applicable
laws and regulations.
When required by the representative, industrial
users shall install and maintain at their own expense a suitable structure
or control manhole with such necessary meters and other testing equipment
needed to facilitate observation, sampling, and measurement of wastewater.
The manhole will be safe and accessible at all times. The Council
may require submission of laboratory analyses to illustrate compliance
with this article and any special conditions for discharge established
by the Council or responsible regulatory agency. All measurements,
tests and analyses to which reference is made in this article shall
be determined in accordance with the latest edition of "Standard Methods
of the Examination of Water and Wastewater," published by the American
Public Health Association and kept for a period of one year.
A. Where required by the representative, users shall
provide protection from an accidental discharge of substances regulated
by this article. Where necessary, facilities to prevent accidental
discharges of prohibited materials shall be provided and maintained
at the owner's expense. Detailed plans and operating procedures of
said facilities shall be submitted to the representative for review
and approval prior to construction of the facility. Approval of such
plans and operating procedures shall not relieve user from the responsibility
of modifying the facility as necessary to meet the requirements of
this article.
B. Users shall notify the representative immediately
if a slug or accidental discharge of wastewater occurs in violation
of this article. Notification will allow measures to be taken to minimize
damage to the treatment facilities. Notification will not relieve
users of liability for any expense, loss or damage to the treatment
facilities or for fines imposed on the community or sewer district
by any state or federal agency as a result of their actions.
C. A notice shall be permanently posted on the user's
bulletin board or other prominent place advising employees of the
emergency notification procedure in the event of a slug or accidental
discharge.
A. No person shall permit any substance or matter which may form a deposit or obstruction of flow to be discharged into the public sewer. The representative or designated employees of the City shall from time to time inspect commercial and residential properties to determine that discharge of storm-, surface, ground-, cooling, and unpolluted industrial process waters conforms to §
253-8. Whenever any service connection becomes clogged, obstructed, detrimental to the use of the public sewer, or unfit for the purpose of drainage, the owner shall make repairs as directed by the representative.
B. Upon discovery of a discharge in violation of §
253-8, the appropriate representative or employee shall report the matter to the City Clerk-Treasurer, who shall issue notice to the owner of the property which identifies the improper discharge. The property owner may correct the improper discharge condition. In order to preserve the owner's right to cost sharing as defined hereinafter, the owner must obtain prior approval of the nature and cost of the work by the City. If the City performs or contracts for the work or if the property owner obtains prior approval from the City for the repair, one-half the cost of such repair shall be paid by the City and the property owner shall pay the remaining one-half of the cost. The City Clerk-Treasurer shall mail notice to the property owner of the amount of the property owner's cost. If the property owner does not pay the owner's share of the cost in full within 30 days after mailing of such notice, the City may spread the charges so unpaid against the real estate of the owner as a special assessment under Minnesota Law for certification to the County Auditor for collection along with the current real estate taxes. At the time of such certification the City shall direct that the special assessment be paid in a single installment or it may direct that the assessment be paid in up to five equal annual installments at 0% interest.
C. Each day after 30 days that the owner neglects to make said repairs shall constitute a separate violation of §§
253-7 through
253-12. The representative may cause the work to be done and recover related expenses from the owner or agent by an action in the name of the community or sewer district.
In addition to penalties that may be imposed
for violation of any provision of this section, the City may assess
against the user/owner the cost of repairing or restoring sewers and
associated facilities damaged as a result of the discharge of prohibited
wastes and may collect the assessment as an additional charge for
the use of the public sewer system.
No statement contained in this section shall
prevent any special agreement or arrangement between the community
of Fairfax and any industrial user. Industrial waste of unusual strength
or character may be accepted by the facility for treatment, subject
to adequate payment by the industrial user, providing that National
Categorical Pretreatment Standard and the City's NPDES and SDS permit
limitations are not violated.
No person(s) shall willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance, or equipment which is part of the wastewater treatment
facilities. Any person violating this provision shall be subject to
immediate arrest under the charge of a misdemeanor.
A. Duly authorized employee(s) of the community or sewer
district, bearing proper credentials and identification, shall be
permitted to enter all properties for inspection, observations, measurement,
sampling, testing, repair and maintenance in accordance with the provisions
of this article.
B. Industrial users shall be required to provide information
concerning industrial processes which have a direct bearing on the
type and source of discharge to the collection system. An industry
may withhold information considered confidential. However, the industry
must establish that the information in question might result in an
advantage to competitors and that the industrial process does not
have deleterious results on the treatment process.
A. The City of Fairfax hereby establishes a sewer service
charge system. All revenue collected from users of the wastewater
treatment facilities will be used for annual operation, maintenance,
replacement, and capital costs. Each user shall pay a proportionate
share of operation, maintenance and replacement costs based on the
user's proportionate contribution to the total wastewater loading.
Charges to users of the wastewater treatment facility shall be determined
and fixed in a sewer service charge system (SSCS) developed according
to the provisions of this article. The SSCS adopted by resolution
upon enactment of this article shall be published in the local newspaper
and shall be effective upon publication. Subsequent changes in the
sewer service rates and charges shall be adopted by Council resolution
and published in the local paper.
B. Revenues collected through the SSCS shall be deposited
in a separate fund known as the Sewer Service Fund (SSF).
A. The community of Fairfax hereby establishes a Sewer
Service Fund as an income fund to receive all revenues generated by
the SSCS and all other income dedicated to the wastewater treatment
facility.
B. The SSF administered by a designated representative
shall be separate and part from all other accounts. Revenues received
by the SSF shall be transferred to the following accounts established
as income and expenditure accounts:
(1) Operation and maintenance.
(2) Debt retirement for the treatment facility.
A. A designated representative shall maintain a proper
system of accounts and records suitable for determining the operation,
maintenance, replacement (OM&R) and debt retirement costs for
the treatment facilities, and shall furnish the Council with a report
of such costs annually.
B. At that time the Council shall determine whether sufficient
revenue is being generated for the effective management of the facilities
and debt retirement. The Council will also determine whether the user
charges are distributed proportionately. If necessary, the SSCS shall
be revised to insure proportionately of user charges and sufficient
funds.
C. In accordance with state requirements, each user will
be notified annually in conjunction with a regular billing of that
portion of the sewer service charge attributable to OM&R.
D. Sewer service charges shall be billed on a monthly
basis. Any bill not paid in full 60 days after the due date will be
considered delinquent. At that time the user will be notified regarding
the delinquent bill and subsequent penalty. The penalty shall be computed
as 10% of the original bill and shall be increased by the same percent
for every month the bill is outstanding.
A. User classes; calculation of charges.
(1) Users of the wastewater treatment facilities shall
be permitted into one of the following classes:
(2) Charges to users who discharge NDSW will be calculated
on the basis of metered water use.
B. Each user shall pay operation, maintenance and replacement
costs in proportion to the user's contribution of wastewater flows
and loadings to the treatment plant, with a minimum rate for loadings
of BOD and TSS being the rate established for normal domestic strength
waste (NDSW) concentrations. Those industrial users discharging only
segregated NDSW can be classified as nonresidential users for the
purposes of rate determination.
C. Charges for residential and nonresidential users will
be determined proportionately according to billable wastewater flow.
(1) Residential users. Billable wastewater volume for
residential users shall be calculated on the basis of metered water
usage. The monthly billable wastewater volume will be equal to the
monthly metered water usage. The City may require residential users
to install water meters for the purpose of determining billable wastewater
volume.
(2) Nonresidential users. Billable wastewater volume of
nonresidential users may be determined in the same manner as for residential
users. The City may require nonresidential users to install such additional
water meters or wastewater flow meters as may be necessary to determine
billable wastewater volume.
D. The sewer service charges established in this section
will not prevent the assessment of additional charges to users who
discharge wastes in concentrations greater than NDSW or of unusual
character (industrial users). Special contractual agreements can be
made with such users, subject to the following conditions:
(1) The user pays OM&R costs in proportion to the
user's contribution of wastewater flows and loadings to the treatment
facility, and no user is charged at a rate inferior to the charge
for normal domestic strength wastes.
(2) The sampling of wastewater shall be conducted in accordance
with the techniques established in "Standard Methods for the Examination
of Water and Wastewater," latest edition.
E. Determination of user charges.
(1) For producers of normal domestic strength wastes:
|
|
Uomr
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=
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OM&R/Tbwv
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---|
|
Where:
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Uomr
|
=
|
Unit cost for operation, maintenance, and equipment
replacement in $/Kgal.
|
---|
|
|
OM&R
|
=
|
Total annual OM&R costs
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---|
|
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Tbwv
|
=
|
Total annual billable wastewater flow in Kgal.
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(2) Calculation of user charges:
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Uc
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=
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Uomr x Bwv + Base
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---|
|
Where:
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Uc
|
=
|
User charge
|
---|
|
|
Uomr
|
=
|
Unit cost for operation, maintenance and equipment
replacement in $/Kgal.
|
---|
|
|
Bwv
|
=
|
Billable wastewater volume in Kgal.
|
---|
|
|
Base
|
=
|
Base charge for administration costs
|
F. Recovery of local construction costs. Local construction
costs for the wastewater treatment facility will recovered through
a debt service charge calculated in a manner consistent with the user
charge as follows:
(1) Calculation of unit cost for debt service.
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Uads
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=
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Ads/Tbwv
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---|
|
Where:
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Uads
|
=
|
Unit cost for annual debt service ($/Kgal.)
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---|
|
|
Ads
|
=
|
Cost of annual debt service
|
---|
|
|
Tbwv
|
=
|
Total annual billable wastewater volume (Kgal.)
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(2) Calculation of debt service charge.
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Dsc
|
=
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Uds x Bwv
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|
Where:
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Dsc
|
=
|
Debt service charge
|
---|
|
|
Uds
|
=
|
Unit charge for debt service ($/Kgal.)
|
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|
|
Bwv
|
=
|
Billable wastewater volume of a single user
(Kgal.)
|
G. Determination of sewer service charges. The sewer
service charge for a particular connection shall be as follows:
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SSC
|
=
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UC + DSC
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Where:
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SSC
|
=
|
Sewer service charge
|
---|
|
|
UC
|
=
|
User charge
|
---|
|
|
DSC
|
=
|
Debt service charge
|
A. Upon determination that a user has violated or is
violating applicable provisions of this article or related permits,
the authorized representative may issue a notice of violation. Within
30 days of such notification, the violator shall submit to the authorized
representative an adequate explanation for the violation and a plan
for the correction and prevention of such occurrences, including specific
actions required. Submission of such a plan in no way relieves the
violator of liability of any violation occurring before or after the
issuance of the notice of violation.
B. Any person found to be violating any provision of this article shall be guilty of a misdemeanor and shall be prosecuted accordingly. Each day in which any such violation occurs shall be deemed as a separate offense. Such fines may be added to the user's next sewer service charge, and will hence be subject to the same collection regulations as specified in §
253-19 of this article. Users desiring to dispute a fine must file a request for the authorized representative to reconsider within 30 days of the issuance of the fine. If the authorized representative believes that the request has merit, a hearing on the matter shall be convened within 30 days of the receipt of the request.
C. To collect delinquent sewer service charge accounts,
the community or sewer district may file a civil action suit or levy
a lien against the violator. Related attorneys fees fixed by court
order shall also be collected. The violator shall be liable for interest
on all balances at a rate of 18% annually.
D. Any person violating any of the provisions of this
article shall become liable to the City for any expense, loss or damage
occasioned by the community or sewer district be reason of such violation.
[Adopted 1-3-1995 by Ord. No. 117]
There is hereby established a Water Department,
which shall be under the supervision of the Superintendent and City
Council. The Department shall be responsible for the management, maintenance,
care, and operation of the water works of the City.
No person shall make or use any water installation
connected to the City water or sewer system except pursuant to application
and permit as provided in this chapter. No person shall make or use
any such installation contrary to the regulatory provisions of this
article.
Application for a water service installation
shall be made to the City Clerk-Treasurer. Application for a service
installation shall be made by the owner of the property to be served
or by his agent. The applicant shall at the time of making application
pay to the City the amount of the fees or deposit required for the
installation of the service connection as provided in this chapter.
[Amended 8-14-2024 by Ord. No. 448]
No connection shall be made to the City water
system without a permit. The fee for each such permit shall be set
by the City Council with the approval of annual utility rates. When
a connection requires installation of a service line from the main
to the property line, the applicant for a permit shall pay to the
City an amount not less than the cost of making the necessary connections,
taps, and installation of pipe and appurtenances to provide service
to the property and the necessary street repairs.
All accounts shall be carried in the name of
the owner. The owner shall be liable for water supplied to his property,
whether he is occupying the property or not, and any charges unpaid
shall be a lien upon the property.
A. Bills for service. Water charges shall be billed monthly
to customers for the monthly minimum. Water meters shall be read semiannually
and customers' bills shall specify the water consumed and water charges
in accordance with the rates set by resolution by the City Council.
B. Delinquent accounts. All charges for water service
shall be due on the due date specified on the bill for the respective
account and shall be delinquent 15 days thereafter. The City shall
endeavor to collect delinquent accounts promptly. In any case, where
satisfactory arrangements for payment have not been made, the Superintendent
may, after the procedural requirements have been complied with, discontinue
service to the delinquent customer by shutting off the water at the
stop box. When water service to any premises has been discontinued,
service shall not be restored except upon the payment of all of the
delinquent bill and reconnection fee. Reconnection fee shall be set
by resolution by the City Council.
Water shall not be shut off for a violation
of rules and regulations affecting utility service until notice and
an opportunity for a hearing have first been given the occupant of
the premises involved. The notice shall be served and shall state
that if payment is not made before the day stated in the notice but
not less than 10 days after the date on which the notice is given,
the water supply to the premises will be shut off. The notice shall
also state that the occupant may, before such date, demand a hearing
on the matter, in which case the supply will not be cut off until
after the hearing is held. If the customer requests a hearing before
the date specified, a hearing shall be held on the matter by the City
Council. If the Council finds that the amount claimed to be owing
is actually due and unpaid and that there is no legal reason why the
water supply of the delinquent customer may not be shut off in accordance
with this article, the City may shut off the supply.
The City may discontinue service to any water
consumer without notice for necessary repairs or upon notice as provided
for nonpayment of charges, or for violation of rules and regulations
affecting utility service.
No more than one house or building shall be
supplied from one service connection except by special permission
of the Council. Whenever two or more parties are supplied from one
pipe connecting with a service main, each building or part of building
separately supplied shall have a separate stop box and a separate
meter.
No person except an authorized City employee
shall turn on any water supply at the stop box or tap any distributing
main or pipe of the water supply system or insert a stop or other
appurtenance therein without a City permit.
The consumer or owner shall be responsible for
maintaining the service pipe from the curb box into the building served.
If he fails to repair any leak in such service pipe within 24 hours
after notice by the City, the City may turn the water off. When the
waste of water is great or damage is likely to result from the leak,
the City shall turn the water off immediately upon the giving of notice
if repair is not commenced immediately.
No person other than an authorized City employee
shall operate a fire hydrant or interfere in any way with the City
water system without first obtaining authority to do so from the City
Council.
No water pipe of the City water supply system
shall be connected with any pump, well, or tank that is connected
with any other source of water supply. When any such connection is
found, the City shall notify the owner to sever the connection and
if this is not done immediately, the City shall turn off the water
supply forthwith. Before any new connection to the City system is
permitted, the City shall ascertain that no cross connection will
exist when the new connection is made.
Whenever the Council determines that a shortage
of water supply threatens the City, it may, by resolution, limit the
times and hours during which City water may be used for sprinkling,
irrigation, car washing, air conditioning, or other specified uses.
After publication of the resolution or two days after the mailing
of the resolution to each customer, no person shall use or permit
water to be used. If the emergency requires immediate compliance with
terms of the resolution, the Council may provide for the delivery
of a copy of the resolution to the premises of each customer, and
any customer who has received such notice and thereafter uses or permits
water to be used in violation of the resolution shall be subject to
a charge. Continued violation shall be cause for discontinuance of
water service.
Except for the extinguishment of fires, no person
other than an authorized City employee shall use water from the City
water supply system or permit water to be drawn therefrom unless the
water passes through a meter supplied or approved by the City. No
person not authorized by the City shall connect, disconnect, take
apart, or in any manner change or interfere with any such meter or
its use. Meters shall be installed by the City at its expense. Water
meters shall be the property of the City and may be removed or replaced
as to size and type when deemed necessary.
The City shall maintain and repair at its expense
any meter that has become unserviceable through ordinary wear and
tear and shall replace it if necessary. Where repair or replacement
is made necessary by act or neglect of the owner or occupant of the
premises it serves, and City expense caused thereby shall be a charge
against and collected from the water consumer, and water service may
be discontinued until the cause is corrected and the amount charge
is paid.
Authorized meter readers shall have free access
at reasonable hours of the day to all parts of every building and
premises connected with the City water supply system in order to read
meters and make inspections.
Water user shall pay a monthly minimum and for
water used semiannually at the rates set by resolution by the City
Council.
A. Upon determination that a user has violated or is
violating applicable provisions of this article or related permits,
the authorized representative may issue a notice of violation. Within
30 days of such notification, the violator shall submit to the authorized
representative an adequate explanation for the violation and a plan
for the correction and prevention of such occurrences, including specific
actions required. Submission of such a plan in no way relives the
violator of liability of any violation occurring before or after the
issuance of the notice of violation.
B. Any person found to be violating any provision of
this article shall be guilty of a misdemeanor and shall be prosecuted
accordingly. Each day in which any such violation occurs shall be
deemed as a separate offense. Such fines may be added to the user's
next water charge, and will hence be subject to the same collection
regulations. Users desiring to dispute a fine must file a request
for the City Clerk-Treasurer to reconsider within 30 days of the issuance
of the fine. If the City Clerk-Treasurer believes that the request
has merit, a hearing on the matter shall be convened within 30 days
of the receipt of the request.
C. To collect delinquent water accounts, the City may
levy a lien against the violator.
D. Any person violating any of the provisions of this
article shall become liable to the City for any expense, loss or damage
occasioned by the community by reason of such violation.