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Ord 2059 - Surcharge Wtr Oper .~ COUNCIL BILL NO. 1292 ORDINANCE NO. 2059 AN ORDINANCE RELATING TO SURCHARGES ON WATER FOR THE OPERATION AND MAINTENANCE OF MUNICIPAL SEWERAGE SYSTEMS, PROVIDING FOR SUCH SURCHARGES AND THE COLLECTION THEREOF, AND REPEALING ORDINANCE NO. 1932 THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. General Provisions: That a surcharge, as provided in this ordinance, shall be added to each municipal water bill or statement issued by the City of Woodburn. Such surcharge shall apply to all monthly periods of water use and service received from the City, and such surcharge shall be collected from water users in the same manner and under the same provisions of law as other charges for water use and service. Such surcharge shall be levied against each water account, excepting those accounts providing only fire or irrigation service, whether or not the premises within the city limits are actually connected to the sanitary sewerage system, if the property has been located within 1 00 feet from an adequate sewer line for a period of one year. A like surcharge may be made to all premises within the city limits which are supplied with water from sources other than the city water system. A separate charge shall be collected from all premises outside the City which discharge to the city sewerage system. The premises connected to a water system other than the City may be required to provide metering devices for the waste discharge calculations. An additional charge shall be collected for "trailer-dump" locations. All rates and charges established herein are tabulated in Section 5 hereunder. Charges for premises outside the city limits shall be one-and-one half (1-1/2) times the rates shown in Section 5. Interpretation and administration of this ordinance and its provisions shall be the responsibility of the City Engineer. This ordinance also deals with permitted industrial/commercial loading related service charges. However, the city-issued waste discharge permits that reflect EPA and DEQ requirements and other capacity/connection fee requirements related to loadings are not covered by this ordinance. Section 2. Abbreviations: BOD = Bio-chemical oxygen demand SBOD = Soluble BOD cf = cubic feet gal = gallon(s) Ibs = pounds SS = Suspended solids POTW = Public Owned Treatment Works Page 1 . COUNCIL BILL NO. 1292 ORDINANCE NO. 205,9 ._-,.. ..,..,.. Section 3. Treatment CaDability and Acceptance of Sewaee: The city, at its discretion, may refuse to accept sewage loadings from industrial/commercial or septage haulers, if such loading is beyond permitted loading or if such loading, in the opinion of the city, places the treatment process at risk or may cause violation of the city's permit. Section 4. Industrial User Billina: Industrial users may be required to install metering and sampling devices to monitor flow, BOD, suspended solids and any other necessary constituents. The industry may be required to combine all effluent lines to a single point for such metering/sampling and to monitor their effluent discharge. The City may bill on an estimated basis if the user fails to perform the required monitoring and sampling. Any or all of the following criteria may be used to determine if an industry is to be billed as an industrial user. A. The user is permitted to discharge more than .8 percent of the designed average dry weather hydraulic, organic or solid handling load to the City's POTW. B. The user has a non-domestic flow of 25,000 gallons or more per average work day. e. The user is determined by the POTW Superintendent to have a significant impact upon POTW operations. D. The user comes under the national categorical pretreatment standards promulgated by the EP A. E. The City has issued the user an industrial discharge permit. Section 5. Monthlv Surcharae: That the monthly surcharges required by Section 1 of this ordinance shall be according to the following schedule: CUSTOMER CLASS A. Residential B. Apartments & Condos. per unit C. Commercial D. Industrial - the sum of: Flow (per million gal.) BOD (per thousand Ibs.) SS (per thousand Ibs.) Page 2. COUNCIL BILL NO. 1292 ORDINANCE NO. 2059 ~ SURCHARGE $ 13.50 $ 13.50 $ 2.10 above minimum MIN./MO. (Flat Rate) (Flat Rate) $14.10/unit for first 600 cf; $2.10/100 cf thereafter $689.25* $264.95* $307.25* $349.50 .., E. Trailer-dump station (per month in addition to standard surcharge) F. Septage per truck load (based on truck capacity) First 500 gal. Each additional 500 gal. $ 15.00 minimum $ 28.00* $ 21.00* $28.00 G. Individual Recreational Vehicles No charge * Also see Sections 6, 7, & 8 for cost recovery, high strength incentive multiplier as a charge to customer. H. Mixed Residential/Commercial: This category uses the residential and or commercial rates outlined under subsections 'A' to 'C' above. The criteria of using a mixed residential/commercial method is outlined below: 1) If no monitoring device is available, then the City may reasonably estimate charges based on the available facts such as number of employees, product, or other criteria. 2) If one City monitoring device serves for more than one category of user, then the charges shall be as follows: a) If separation of service is not practical, (determined by City Engineer) The service charge shall be residential flat rate for the first 1000 eft of water for each residential unit and then the remaining is to be at commercial rate. b) If service monitoring separation is practical, the charge for entire service shall be at commercial rate. The customer may request the City for a separate monitoring device for each category of service by paying meter installation fee. Section 6. Operation Cost Recoverv. Super Surcharl!:e for Hil!:h Strenl!:th Loadin~s: To recover the additional treatment costs during certain times of the year the city shall initiate a super surcharge schedule for industrial/commercial high strength dischargers permitted by the City. The high strength dischargers shall be those industrial users discharging average BOD loading that exceeds 220 mgIL or 1,000 lbs. for the month. This charge will reflect the additional POTW costs to treat industrial/commercial wastes during the months of June, July, August, September and October. With this surcharge the city shall be compensated for the additional cost of operation and maintenance for using additional treatment units when treating permitted wastes during the dry season. This shall be accomplished at the option of the city, by utilizing alternative Al or A2 outlined below: AI. Proportional ratio of the load (lbs./day) being discharged by the industrial user, OR Page 3 - COUNCIL BILL NO. 1292 ORDINANCE NO. 2059 . ~ A2. Increase the high strength sewage billing rate of permitted loading parameters (BOD, SBOD, SS, etc) by 20 percent during the months of June, July, August, September and October. Section 7. Capital Cost Recovery Aereements: The City, at its discretion, may enter into agreements with industrial dischargers for the purpose of recovering City incurred or anticipated costs used to modify POTW that benefit the industry. This cost may be divided into a number of payments, and added to the monthly invoice, rather than one lump sum payment. The cost recovery agreements may reflect the construction costs, interest, engineering and administration costs for POTW modifications needed to accommodate industrial growth. Section 8. Laree Load Char2e: The intent of this charge is to discourage users from discharging large permitted loads (lbs./day) of waste to the city system during the dry weather season (June, July, August, September and October) that could reduce reliability of the city sewerage system. The City, at its discretion, may initiate the charge outlined below: A. Industrial Loading- For large permitted industriaVcommercialloads, the City may use a multiplier and increase the entire monthly bill related to the permitted parameters when these parameters have reached or exceeded 90 percent of permitted loadings (either maximum or average). The load reduction charge will apply only to those permitted parameters where actual loads reach or exceed 90 percent of the industry's permit limits. This load reduction incentive multiplier shall be 1.10 at 90 percent of permitted loading and 2.5 at 95 percent of permitted loading, and it shall apply to entire final charge for the parameter and not only to the portion above 90 percent. B. Septage Loadings - If the city accepts waste during the dry weather season the septage hauler rate may be multiplied by a factor of two. Section 9. Unauthorized Connection and Service: A. Unauthorized Connection: A 25 percent administrative charge may be added to the service connection or capacity fee if a property is connected to the system without obtaining proper permit and paying the required fees. This 25 percent may be added to the regular fee in effect at the time unauthorized connection is discovered by the City. The added surcharge may be excused if the property owner volunteers the information and comes forward to pay the required connection fee. B. Unauthorized Service: An administrative charge of 25 percent may be added to the City utility service charge if a property receives City service and the customer does not inform the City to start the billing. The charge calculated shall be limited to a twelve- month period. The City may make a reasonable estimate of the amount due. Page 4 - COUNCIL BILL NO. 1292 ORDINANCE NO. 2059 ... ____~.___....___..._."..."~___..~._u_~..~~_+.~.._ '.... C. This section shall not be construed to limit the City's right to pursue any and all available legal remedies in regard to unauthorized connections or service. Section 10. Customer Billina Adlustments: If the City, in the last twelve months has overcharged a customer for the sewer service, and it is brought to the attention of the City Engineer then he shall make an adjustment using available records of the past year. Adjustment will be limited to a period of four months within the past year duration. A similar adjustment for undercharge may be made but it shall be limited to a period of two months. Section 11. Installation of Monitorina Clean Out: If City wants to install a clean out on the service line near the house for infiltration monitoring and reduction, it may do so if ten-day notice prior to construction activity has been provided to the property owner. City may not charge for the installation of clean out for monitoring and infiltration reduction although it may be located on the private property. Section 12. Increase in Rates and Charaes: Future rate adjustments will be established by Council action at a frequency and amount determined to be fiscally responsible to support service obligations, ensure POTW compliance with EPNDEQ regulations, and to protect the environment and public health. Section 13. Service Aareements: All prior Council approved service agreements between the City and a customer will remain in force for the term of the agreement. However, the requirements of this ordinance and other applicable ordinances, including the rate increase provisions, must be met. Section 14. Use of Monies Collected: That the monies collected pursuant the provisions of this ordinance shall be used to pay the costs of construction, operation, maintenance and expansion of sanitary and storm sewers, sewage treatment plants, pumping stations, and related facilities and services, including administrative and engineering costs. Section 15. Administration: Interpretation and administration of this ordinance and its provisions shall be the responsibility of the City Engineer. Section 16. Severabilitv Clause: If any clause, sentence, paragraph, section or portion of this ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect, impair, or invalidate any of the remainder of this ordinance. Section 17. Repeal: That Ordinance No. 1932 is hereby repealed. Approved as to form: City Attorney APPROVED: Page 5 . COUNCIL BILL NO. 1292 ORDINANCE NO. 2059 - April 8, 1991 April 9, 1991 April 9, 1991 April 9, 1991 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: M~~~~ier City of Woodburn, Oregon Page 6 - COUNCIL BILL NO. 1292 ORDINANCE NO. 2059 , ~