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Ord 2157 - Place Chges WWTP Disc COUNCIL BILL NO. 1666 ORDINANCE NO. 2157 AN ORDINANCE APPROVING PLACEMENT OF CHARGES ON WASTEWATER DISCHARGE UTILIZING WATER USE MONITORING OR OTHER ESTIMATING METHODS FOR THE OPERATION AND MAINTENANCE OF MUNICIPAL SEWERAGE SYSTEMS, PROVIDING FOR SUCH CHARGES AND THE COLLECTION THEREOF, REPEALING ORDINANCE NO. 2059, AND SETTING AN EFFECTIVE DATE. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. General Provisions. That a charge, as provided in this ordinance, will be added to each municipal water bill or statement issued by the City of Wood bum. Such charges will apply to all monthly periods of water use and service received from the City, and such charges will be collected from water users in the same manner and under the same provisions of law as other charges for water use and seIVices. Such charges will be levied against each water account, excepting those accounts providing only fire or irrigation service, whether or not the premises, located within the city limits, are actually connected to the sanit8ly sewerage system, if the property is located within 100 feet from an adequate sewer line for a period of one year. A like charge 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 will 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 system may be required to provide metering devices for the waste discharge calculations. An additional charge will be collected for "recreational vehicle waste water discharge" stations. All rates and charges established herein are tabulated in Section 5 hereunder. Charges for premises outside the city limits will be one-and-one-half (1-1/2) times the rates shown in Section 5. Interpretation and administration of this ordinance and its provisions will 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 EP A and DEQ requirements and other capacity/connection fee requirements related to loadings, are not covered by this ordinance. Section 2. Abbreviations & Definitions: BOD SBOD cu. ft. gal. TSS POTW EPA DEQ = Biochemical oxygen demand Soluble BOD cubic feet gallon(s) Total suspended solids Public Owned Treatment Works Environmental Protection Agency Department of Environmental Quality = = = = = = = Page 1 . COUNCIL BILL NO. 1666 ORDINANCE NO. 2157 Single Family Unit: A stick built or manufactured house, designed for permanent occupation by a single family which includes kitchen and bathroom facilities, on its own lot, with or without accessory structures. Multi family Unit: 1) Any dwelling unit designed for separate, permanent occupation by more than one family and which each separate unit includes kitchen and bathroom facilities. 2) Any recreation room with bathroom, sink, and cooking facilities. Section 3. Treatment Capability and Acceptance of Sewage: The City, at its discretion, may refuse to accept sewage loadings from industrial/commercial users or septage haulers, if such loading is beyond permitted loading or if such loading, in the opinion of the City, reasonably places the treatment process at risk or may cause violation of the City's permit. Section 4. Indnstrial User Billine: 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 effiuent 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 0.8 percent (0.8%) 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. C. 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 EPA E. The City has issued the user an industrial discharge permit. Section 5. Monthly Sewerage Charge: The montWy sewerage charges required by Section I of this ordinance will be according to the following schedule: A All sewer charges for residential, commercial and industrial customers will be based on a minimum plus volume of sewage discharged method. In addition, industrial customers will also be charged for BOD and T8S. Page 2 - Co.UNCIL BILL NO. 1666 o.RDINANCE NO.. 2157 B. Residential minimum plus volume method will be the average consumption of water for the four (4) winter months (NovemberlDecember through FebruarylMarch) and it will be considered as the amount of sewage discharged from each dwelling unit. The winter month average will be determined by the water meter readings taken or other needed estimating methods by Public Works for unusual cases. General estimating and billing methods are outlined below: 1. In the first year of the minimum plus volume method implementation, the NovemberlDecember through FebruarylMarch bills will be based on the actual consumption for each month. Starting in March/April, each of the following twelve (12) months will be billed based on the average of the four (4) recent winter months (NovemberlDecember through FebruarylMarch). Every year a new average will be calculated using the immediately preceding winter month's consumption. 2. For residential units where a full four (4) months of consumption readings are not available for averaging, such as vacations or vacancies due to change in ownership, a minimum of three (3) full months of readings may be used for averagmg. 3. Residential structures that are served by the city sewerage system, but not connected to city water, will be billed at the city wide residential average consumption rate of 700 cu. ft. per unit per month. 4. Any winter month that has a very high or very low consumption which varies by more than 25% of the calculated winter average will be replaced by the calculated winter average for that property and a new average will be calculated again for billing purposes. 5. If there is no occupancy of buildings during the winter months, then the average of the two (2) prior months, i.e., September and October, or 700 cu. ft., whichever is less, may be used for billing purposes, until and unless a representative average of the winter months is developed or estimated. 6. For new structures or new customers, the city wide residential average of 700 cubic feet per unit per month may be used until an actual average can be calculated using three (3) full months following occupancy. If the calculated average is below 700 cu. ft., then the calculated average will be used for billing. If the calculated average is above 700 cu. ft., then the city wide residential average of 700 cu. ft. will be used for billing purposes until the next winter average is calculated. For new structures, the sewer charges begin when the certificate of occupancy is issued, or three (3) months after the installation of the water meter unless the owner notifies the city that the building is not occupied. Page 3 - COUNCIL BILL NO. 1666 ORDINANCE NO. 2157 7. Residential structures that are connected to city water and located within 100 feet of a city sewer main for a period of one year but not connected to the sewer, will be charged at the minimum usage per unit as outlined under Section 5.E.!. 8. There will be no additional charge for consumption analysis and adjustments other than that for leak adjustments as outlined in Section 9. 9. When a dwelling unit has been occupied for not less than 10 days and/or the water consumption for the month is below 100 cu. ft., then partial month daily water consumption method may be used to project consumption for that month under consideration for averaging purposes. C. Commercial bills will be based on the actual water use for that month. Commercial structures that are connected to city water and are located within 100 feet of an adequate sewer line but not connected to the sewer, will be charged the minimum usage of 600 cu. ft. per unit. D. Industrial bills will be based on the actual consumption for that month plus the loading charges (BOD and TS8). E. RATES: Customer Class Minimum Charge Minimum Volume Volume Charge/ Above Minimum 1. RESIDENTIAL a. Single Family, Churches PER UNIT $20.20 500 cu. ft. $3.59/100 cu. ft. b. Multi Family, Apartments, Mobile Home in a Park, Condos, Motel, Hotel PER UNIT $20.20 500 cu. ft. $3.59/1 00 cu. ft. c. Residential unit not on City metered water system, PER UNIT $27.38 - - - - - - - - - - - (NOTE: Above is based on estimate discharge of 700 cu. ft./mo. City may require metering if higher discharge is estimated by the City Engineer) 2. COMMERCIAL Businesses, Schools, R V. Parks, Care Centers, etc. PER METER $25.54 600 cu. ft. $5.49/1 00 cf Page 4 - COUNCIL BILL NO. 1666 ORDINANCE NO. 2157 3. INDUSTRIAL $54.62t 1,000 cu. ft. (t includes first 25 lbs. BOD and 9 lbs. TSS) Above Minimum a) Volume Charge $2.27/100 cu. ft. b) BOD Charge: $0.85/lb. c) TSS Charge: $0.25/lb. 4. ABANDONED OR NON REVENUE PRODUCING SERVICE: Abandonment procedures may be started by the City, if a building is unoccupied for a period of 18 months, with proper notification to the property owner, as outlined in Resolution No. 1100, and/or minimum billing may be started for the building under consideration. 5. W ASTEW A TER DISCHARGE ST AnON - RV. etc. (in addition to standard charije) a Residential type sewage discharge station at commercial establishments, PER MONTH i. For multiple RV dump stations $ 25.54 ii. For individual RV units in Park $ 2.75 Minimum/connection Minimum/connection per 50 cu. ft. 6. SEPTAGE - per truck load a. Residential, PER GALLON b. Commercial, PER GALLON $0.0525 $0.07 $25.00/minimum $25.00/minimum Septage rates above apply only to the service area identified in the Pudding River Service Provider Study, March 1995. Other areas will be charged $0.085 PER GALLON for residential or commercial septage. 7. Individual Recreational Vehicles dischat-ginll at Wastewater Treatment Plant Per vehicle NO CHARGE 8. Mixed Residential/Commercial Accounts This category uses the residential or commercial rates outlined under subsections "1" to "3" above. The criteria for using a mixed residential/commercial method are outlined below: a) 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. b) If one City monitoring device serves more than one category of user, then the charges will be as follows: Page 5 - COUNCIL BILL NO. 1666 ORDINANCE NO. 2157 1) If separation of service is not practical (as determined by the City Engineer), then the service charge will be at the residential rate for the first 700 cubic feet of water, for each residential unit The remaining will be at the commercial rate. 2) If service monitoring separation is practical but not utilized, then the charge for the entire service will be at the commercial rate. The customer may request the City for a separate monitoring device for each category of service by paying the established meter installation fee. Section 6. Capital Cost RecoveQ' Agreements. The City, at its discretion, may enter into agreements with industrial dischargers for the purpose of recovering the City's incurred or anticipated costs used to modifY POTW that benefit the industry. This cost, after Council's approval, 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 7. Large Septage Load Charge: The intent of this charge is to discourage users from discharging large loads (lbsJday) of permitted waste to the city system during the dry weather season (June, July, August, September, October) that could reduce reliability of the city sewerage system. Prior to the construction of the new treatment plant, if septage waste is accepted at the present treatment system during the dry weather season, and if such loads will not place the treatment process at risk, the septage hauler rate may be multiplied by a factor of two (2). If the load will place risk to treatment process, then the City may choose not to accept such a load. Section 8. Unauthorized Connection and Service: A Unauthorized Connection: A 25 percent (25%) administrative charge may be added to the service connection or capacity fee if a property is connected to the system without first obtaining the proper permit and paying the required fees. This 25 percent (25%) may be added to the regular fee in effect at the time the 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 of25 percent (25%) 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 will be limited to a twelve (12) month period. The City may make a reasonable estimate of the amount due. C. This section will not be construed to limit the City's right to pursue any and all available legal remedies in regards to unauthorized connections or service. Page 6. COUNCIL BILL NO. 1666 ORDINANCE NO. 2157 Section 9. Customer Billing Alljustments. If the City, in the preceding twelve (12) months, has overcharged a customer for the sewer service, and it is brought to the attention of the City Engineer, then he will make an adjustment using available records of the past year. The adjustment will be limited to a period of four (4) months falling within the past year. A similar adjustment for undercharge maybe made but it will be limited to a period of two (2) months. In the case of water leakage, an adjustment for a one or two month period will be made if the leak has been promptly repaired and the request for leak adjustment has been made within six (6) months. Such adjustments will not exceed 100"10 ofthe estimated excess flow attributable to the leak. A charge of $10.00 will be added for any sewer charge adjustment due to water leaks. Section 10. Installation of Monitoring Clean Out: If the City wants to install a clean out on the service line near the house or business for infiltration monitoring and reduction, it may do so if a ten (10) day notice prior to construction activity has been provided to the property owner. The City may not charge for the installation of the clean out or for monitoring and infiltration reduction although it may be located on the private property. Section 11. Increase in Rates anll ChaQtes. Future rate adjustments will be established by Council action at a frequency and in an amount determined to be fiscally responsible for supporting service obligations, ensure POTW compliance with EP AlDEQ regulations, and to protect the environment and public health. Section 12. Service Agreements. 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 13. Use of Monies Collectell. That the monies collected pursuant to the provisions of this ordinance will 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 necessary administrative and engineering costs. Section 14. Allministration. Interpretation and administration of this ordinance and its provisions will be the responsibility of the City Engineer. Section 15. Severability Clause. If any clause, sentence, paragraph, section or portion of this ordinance for any reason may be adjudged invalid by a court of competent jurisdiction, such judgment will not affect, impair, or invalidate any of the remainder of this ordinance. Section 16. Repeal. Ordinance No. 2059 is hereby repealed. Section 17. Effective Date. This ordinance is effective on November I, 1995. 00 .(I^ h--;O\t~ ~/-;! cr S- Approved as to form: . . Y - V , /, City Attorney Date Page 7" COUNCIL BILL NO. 1666 ORDINANCE NO. 2157 APPROVED ~~ N A Kirksey, ~ Passed by the Council Submitted to the Mayor September 11, 1995 September 12, 1995 Approved by the Mayor September 12, 1995 Filed in the Office of the Recorder September 12, 1995 ATTEST: ;17~~ Mary Tenna , City Recorder City of Woodburn, Oregon Page 8 - COUNCIL BILL NO. 1666 ORDINANCE NO. 2157