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HomeMy WebLinkAbout~Master - Sanitary Sewer Utility Surcharge ORDINANCE NO. 3526 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTION 28.302 AND SUBSECTIONS 28.304(4)THROUGH 28.304(7),28.306(4), 28.306(5), 28.307(3)AND 28.307(8), READOPTING THE SAME REVISED FOR THE PURPOSES OF CHANGING CERTAIN RATES AND REGULATIONS PERTAINING TO THE CITY SANITARY SEWER UTILITY; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames, Iowa,that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Section 28.302 and Subsections 28.304(4)through 28.304(7), 28.306(4), 28.306(5), 28.307(3), and 28.37(8), and readopting the same to state as follows: "Sec.28.302. DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: (1) 'CBOD,' (denoting 5-day Carbonaceous Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter(mg/L). (2) 'NH,' or 'NH;N' (denoting Ammonia) shall mean that portion of nitrogen in the form of ammonia which is determined by standard laboratory procedure for analysis of ammonia nitrogen, expressed in milligrams per liter(mg/L). (3) `TKN' (denoting Total Kjeldahl Nitrogen)shall mean that portion of nitrogen which is the sum of ammonia and organic nitrogen in the form of proteins or intermediate decomposition products as determined by standard laboratory procedures for Total Kjeldahl Nitrogen, expressed in milligrams per liter(mg/L). (4) `COD' (denoting Chemical Oxygen Demand) shall mean the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant as determined by standard laboratory procedures for COD, expressed in milligrams per liter(mg/L). (5) 'Normal Domestic Wastewater' shall mean, for the purposes of surcharge program implementation, wastewater that has constituent concentrations at or below the values shown in the following table, expressed in milligrams per liter(mg/L). Maximum Normal Domestic Wastewater Concentrations Constituent Concentration. ma/L CBOD,or COD 250 TSS 300 NH3 N or TKN 40 (6) 'Operation and Maintenance' shall mean those functions that result in expenditures during the useful life of the treatment works for materials, labor,utilities, and other items which are necessary for managing and for which such works were designed and constructed. The term 'operation and maintenance' includes replacement as defined in(8). (7) 'POTW' shall mean publicly-owned treatment works. (8) 'Replacement' shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. (9) 'Residential User' shall mean any contributor to the City's treatment works whose lot, parcel or real estate, or building is used for domestic dwelling purposes only. (10) 'Shall' is mandatory; 'May' is permissive. (11) 'TSS' (denoting Total Suspended Solids)shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering, as expressed in milligrams per liter(mg/L). (12) `Composite Sample'shall mean a time-based or flow-proportional sample (as determined by the Water and Pollution Control Department staff)that is representative of a user's typical work day discharge during a 24-hour period. (13) `BiosoGds'shall mean treated and stabilized solids,semi-solid, or liquid residue generated during the treatment of domestic wastewater at the POTW. (14) 'Treatment Works' shall mean any devices and systems for the collection, storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power,and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment(including land for composting biosolids, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste. (15) 'Useful Life' shall mean the estimated period during which a treatment works will be operated. (16) 'User Charge' shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of a designated part of the wastewater treatment works. (17) 'Water Meter' shall mean a water volume measuring and recording device. Sec. 28.304. (4) For those users whose wastewater has a greater strength than maximum normal domestic wastewater, a surcharge in addition to the normal user charge will be collected. The surcharge for operation and maintenance, including replacement, is: Surcharge per Parameter Extra-Strength Rate mg/L of Extra Strength CBOD,or COD $0.20/lb $0.00125/100 cf TSS $0.35/lb $0.00219/100 cf NH,or TKN $0.70/lb $0.00437/100 cf (5) (a) The City shall determine which users have wastewater discharges with strengths greater than maximum normal domestic wastewater. All costs associated with surcharge sampling or evaluation will be assessed to the user. Based upon this initial determination, the City shall notify the user of the surcharge rate to be charged each month during the next six months or until the next time the surcharge rate is calculated. (b) Any user so identified by the City shall provide for the analysis of at least three successive composite samples for each discharge point. The samples shall be analyzed for pH, CBOD, (or COD), TSS, and TKN(or NH,). The user may request that the city laboratory staff provide this service at cost. Samples taken for facilities with less than two years of historical data containing surcharge parameter analyses must be collected in as close a time frame as possible. Samples collected for other purposes, containing the required information, may be used. When requested by the user, on a case-by-case basis, the City may allow the use of a single composite sample for the purpose of determining a monthly surcharge rate. (c) Any user may have more samples analyzed than required. The additional data may be used to modify or revise the surcharge rate as appropriate;however, the surcharge rate will not be revised more frequently than once every six months unless significant process changes have occurred. All costs for the additional sampling shall be the responsibility of the user. (d) All sample collection and analytical work shall be done by competent individuals or firms regularly involved in wastewater collection and analysis. All samples and analyses shall comply with the procedures specified in 40 Code of Federal Regulations (hereinafter referred to as CFR) 136. Any data sets which do not meet this requirement shall be rejected. (6) Any user who discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the biosolids from the City's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment work, shall pay for such increased costs. The charge to each such user shall be as determined by the Director of the Water and Pollution Control Department. (7) The City will review the user charge system at least every three years and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users. The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works. Sec.28.306. (4) Any wastewater containing anything in liquid, solid or vapor form, in sufficient quantity, either singly or in combination, to inhibit or interfere with any wastewater treatment or biosolids disposal process, constitute a hazard to humans or animals, create toxic gases,vapors or fumes that may cause acute worker health and/or safety problems, create a toxic effect in the receiving stream, or by "pass through" exceed any standard set by the Iowa Department of Natural Resources or the U.S. Environmental Protection Agency. (5) Any substance which either singly or in combination is sufficient to create a public nuisance or hazard to life or interferes with the possible reclamation or reuse of the wastewater or biosolids. Sec. 28.307 (3) Any industrial, commercial or other utility customer which discharges any wastewater, industrial waste or other waste to the municipal sanitary sewer system shall comply with all regulations or requirements of the Iowa Department of Natural Resources and/or the U.S. Environmental Protection Agency. Where regulations have not been set by those agencies, the Director of Water and Pollution Control shall establish pretreatment requirements to obtain the following objectives: (a) To prevent the introduction of pollutants which will interfere with the treatment plant operation or contaminate the resulting biosolids; (b) To prevent the introduction of pollutants which will pass through the system, inadequately treated,into the receiving waters or the atmosphere or otherwise be incompatible with the system; and (c) To improve the opportunity to recycle and reclaim wastewaters and biosolids from the system. (8) Failure to meet the standards and requirements of this section or of section 28.306 shall be a municipal infraction punishable by a penalty of up to $1,000 for the first and each subsequent violation. Each occurrence of prohibited discharge is a violation. The Director of the Water and Pollution Control Department shall be the City Manager's designee to administer and enforce the provi- sions of Sec. 28.306 and 28.307, which shall include the authority to conduct related inspections, surveillance and monitoring; and to terminate city sewer service for non-compliance with the City Code." Section Two. Violation of the provisions of this ordinance shall be a municipal infraction punishable by a fine of $1,000 for the first and each repeat violation. Section Three. Any and all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 22nd day of June 1999. Diane R. Voss, City Clerk Ted Tedesco, Mayor 0537.ord rev.505