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HomeMy WebLinkAboutOrdinance 5570 06/03/1991 r 4 ORDINANCE NO. 5570 (GENERAL) AN ORDINANCE CONCERNING SEWERAGE,SEWER CHARGES, SANITARY SEWER AND DRAINAGE USER FEES, AMENDING IN ITS ENTIRETY ARTICLE 3, OF CHAPTER III, SPRINGFIELD CODE 1965 AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD, OREGON, DOES ORDAIN AS FOLLOWS: Section 1 : Article 3 of Chapter III, Springfield Code 1965, and the sections therein denominated as Sections 3-3-1 through 3-3-9 are amended to read as follows: ARTICLE 3. SEWERAGE 3-3-1 Sanitary Sewer and Drainage Fees. The following charges are for the use and benefit of the facilities afforded by the sanitary sewerage and drainage systems of the City and regional sewerage facilities are to be collected from each person, firm or corporation whose premises fall within the description of premises to be charged as hereinafter set forth in this article. The rates and fees provided herein are incurred charges or costs based upon use or availability for use of the system. The nature of the service provided and charged for is such that the individual property owner is not able (and therefore not meeting a routine obligation of ownership) to meet the requirements of sewage and sewer collection, disposal and treatment if required, and the charges and service are therefore necessary to enforce the regulations pertaining thereto necessary to provide for the public health and safety as to sanitation, communicable diseases and in guarding against the hazards of excess surface and flowing water which cannot ordinarily be satisfactorily or safely provided by individual citizens. 3-3-2 Sanitary Sewer and Draina a User Fees - Definitions. As used in this Article, the following definitions shall be applied. (1) Access. Easements across intervening property exist or can be conveniently obtained and existing utilities and public facilities do not obstruct connection to the sanitary sewer system. (2) Biochemical Oxygen Demand (BOD_)_. The quantity of oxygen utilized in the biochemical oxidation if organic matter under standard laboratory procedure in five (5) days at 20° Celsius expressed in milligrams per liter. This procedure os set forth on "Standard Methods for the Examination of Water and Wastewater." (3) Collector Sewer. A publicly owned and maintained conduit or pipe designed and constructed to convey sewage from the property upon which the sewage originates to a trunk sewer, and to which the service laterals (sewer pipe between the building and collector sewer are permitted to connect. (4) Drainage System. A system of pipes, channels, ditches and other conduits designed to collect and convey surface, ground and storm waters from both public and private property to a legal point of discharge. Attachment B Page 1 ORDINANCE NO. 5570 - Page 1 (5) Dwelling Unit. One or more habitable rooms which are occupied, intended or designed to be occupied by one family with housekeeping facilities for living, sleeping, cooking and eating. (6) Impervious Area. The area of a tax lot or property which has been modified so as not to allow or allow with great difficulty the movement of surface water to the groundwater reservoir. (7) Local Sanitary Sewer System. That portion of the publicly owned system of pipes and conduits designed and constructed to collect and convey sewage from the property of origin to the regional sewage system, and which zre less than 24 inches in diameter. Pump and lift stations and other appurtenances directly connected to pipes and conduits less than 24 inches in diameter are also part of the local sanitary sewer system. (8) OLerations and Maintenance. Activities required to assure the dependable and economical function of the sanitary sewer and drainage systems. (a) Maintenance: Preservation of functional integrity and efficiency of equipment and structures. This includes preventative maintenance, corrective maintenance and replacement of equipment as needed, including the accumulation of reasonable reserves. (b) Operation: control of the unit processes and equipment which make up the sewerage works. This includes financial and personnel management; records, laboratory control , process control , safety and emergency operation planning. (9) Person. An individual , corporation, firm association, co- partnership, municipality, subdivision or district. (10) Real Property. The land and all building structures and improvements located thereon. (11) Regional Sewerage System. That portion of the publicly owned sanitary sewer system consisting of pipes and conduits that are 24 inches and greater in diameter (including appurtenances connected directly thereto) and treatment facilities that are designed and constructed to receive, convey, treat and dispose of discharges from the local sewer system. (12) Replacement. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the sanitary sewer and drainage systems to maintain the capacity and performance for which such works were designed and constructed. The term "operation and Maintenance" includes replacement which is part of the actual cost of the provision of continuous, dependable service. (13) Sanitary Sewer System. The publicly awned system designed and constructed to receive, convey, treat and dispose of sewage in accordance with Federal and State legislation. (14) Sanitary sewer users. (a) Low strength residential . Single family dwellings assumed to have wastewater with a combined Biochemical Oxygen Demand (BOD) and Suspended Solids (SS) concentration equal to or less than 400 milligrams per liter (mg/1) . (b) Low strength: Users with wastewater with a combined BOD SS concentration equal to or less than 400 milligrams per liter (mg/1 ) . Attachment B Page 2 ORDIANNCE N0. 5570 - Page 2 (c) Medium strength: Users with wastewater with a combined BOD and SS concentration greater than 400 mg/l but not greater than 800 mg/l . (d) High stren4th: Users with wastewater with a combined BOD and SS concentration greater than 800 mg/1 . (e) High strength industrial : Users with wastewater with a combined BOD concentration greater than 800 mg/l and who is engaged in manufacturing and processing activities. Such users may be required to pay a surcharge for waste loadings in excess of 200 mg/l for both BOD and SS. (15) Sewer user. Any person making use of the drainage and/or sanitary sewer system. (16) Single family dwelling. Any Dwelling designed or used exclusively for the occupancy of one family and having housekeeping facilities for one family and having a separate water supply. (17) Suspended Solids. The total elements and compounds which float on the surface of, or are suspended in wastewater, and which are removable by laboratory filtration as determined by procedures specified in "Standard Methods for Examination of Water and Wastewater. " (18) Useful life. The period during which a treatment works is planned and designated to be operated. (19) User charge. A charge levied on users of the sanitary sewer and drainage systems for the user's proportionate share of the cost of operation and maintenance (including replacement) based generally upon quantity measured as provided in this code. 3-3-3 Sanitary Sewer and Drainage User Fees - Rates. (1) General . (a) All persons owning, occupying, or making use of real properties in the City shall pay just and equitable monthly charges for the services provided by the use of the sanitary sewer and/or drainage systems as provided in this section. These charges are to be paid for employment, use, and benefit offered by the sanitary sewer and drainage systems of the City and by the Metropolitan Wastewater Management Commission for local and regional sewer services and facilities. (b) Billing shall be rendered and payable monthly, except for properties without public water or electric service; these properties shall be billed annually. (c) The total amount due each month shall be the sum of the amounts computed as defined in 3-3-3(2), (3) , (4), and (5) . (d) Each user shall be notified, at least annually, in conjunction with the regular bill , of the rate and that portion of the user fees which are attributable to wastewater treatment services. (e) Sanitary sewer and drainage user fees based upon 3-3- 3(2) (c)i and 3-3-3(3) (b)i shall take effect for billings rendered on or after July 1, 1991. (2) Computation of Sanitary Sewer User Fees. (a) The sanitary sewer rates specified in this section shall be based on volume determined as follows: i . By actual measurement of the sewage discharged based on effluent flow metered at the expense of the user (The City may require a user to install metering and/or sampling equipment when the City Attachment B Page 3 ORDINANCE NO. 5570 - Page 3 determines that such equipment is essential for proper monitoring of the quantity and quality of the industrial effluent.) ; or ii . By metered water consumption. a. Actual metered water consumption for sewer user bills rendered in the months of December through April ; and b. Average metered water consumption for sewer user bills rendered in the months of May through November; the average shall be determined by metered water consumption during the previous December through April ; or iii . By estimated average effluent flow based on measurements taken by the City. (b) If no water consumption figures are available for at least three full months during the period stated in 2(a)ii .b. above: i . For residential sanitary users the average monthly metered water consumption of other similar sanitary users, and ii . For all other sanitary sewer users the actual monthly metered water consumption shall be used until the rate can be calculated under 2(a)ii .b. above. (c) Sanitary sewer user fees shall be the base charge plus the product of the volume as determined in 3-3-3(2) (a) and 3-3-3(2) (b) and the appropriate volume charge in 3-3-3(2) (c)i . i . For the period beginning July 1, 1991. Local Regional Sani tar Sanitary Total Low Strength Residential Base Charge --- $ 3.00 $ 3.00 Volume Charge/100 Cu. Ft. $0.784 $ 0.578 $ 1.362 Low Strength Base Charge --- $ 3.00 $ 3.00 Volume Charge/100 Cu. Ft. $0.784 $ 0.578 $ 1.362 Medium Strength Base Charge --- $ 3.00 $ 3.00 Volume Charge/100 Cu. Ft. $0.784 $ 0.827 $ 1.611 High Strength Base Charge --- $ 3.00 $ 3.00 Volume Charge/100 Cu. Ft. $0.784 $ 1.324 $ 2.108 Surcharge per 1000 lbs. BOD $189.60 $189.60 Suspended Solids $208.38 $208.38 (d) Exceptions. Sanitary sewer user fees which cannot be established in accordance with 3-3-3(2)(c) shall be determined by the City Manager or his or her designee. Such determinations shall result in sewer user fees which are just and equitable in the context of the remaining charges established by this section. Attachment B Page 4 ORDINANCE NO. 5570 - Page 4 s (3) Computation of Drainage User Fees. (a) All real property in the City of Springfield shall be classified and assigned a runoff coefficient according to the intensity of development set forth below: i . Undeveloped - Real property which is undeveloped and unaltered by buildings, roads, impervious surfaces or other physical improvements which change the hydrology of the property from its natural state. The runoff coefficient for this development classification is 0.00. ii . Lj_ght Develo..ment - Developed real property which has impervious surfaces of less than 20 percent of the total square footage area of the property. The runoff coefficient for this development classification is 0.40. iii . Moderate Development - Developed real property which has impervious surfaces ranging from 20 percent through 40 percent of the total square footage area of the property. The runoff coefficient for this development classification is 0.50. iv. Heavy Development - Developed real property which has impervious surfaces ranging from 41 percent through 70 percent of the total square footage area of the property. The runoff coefficient for this development classification is 0.75. V. Very Heavy Development - Developed real property which has impervious surfaces of more than 70 percent of the total square footage area of the property. The runoff coefficient for this development classification is 1 .00. (b) Monthly drainage user fees shall be collected from the owner or occupant of all real property within the City of Springfield which contributes drainage water to or which benefits from the function of the drainage system of the City. Monthly drainage user fees shall be based upon the square footage and the intensity of development of each property. i . For the period beginning July 1, 1990 monthly drainage user fees shall be determined as follows: a. All real property, with the exception of single family dwellings, shall be charged $1.80 plus the product of the property area (in square feet), runoff coefficient, and $0.000337 per square foot. b. Single family dwellings shall each pay $2.90. ii . The City may reclassify an individual parcel of property to a lower classification of intensity of development than would be indicated by 3-3-3(3)(a) if hydrologic data submitted by the property owner or his agent demonstrates a hydrologic response substantially similar to that of a parcel of property of such lower classification. (4) Charges - Adjustments. (a) Any user may request the City Manager or his or her designee to adjust the monthly user fee based on: i . The amount of water consumed and not discharged into the sanitary sewer system, or ii . A user classification which requires the sewer user to pay a disproportionate share of the costs of drainage and/or sanitary sewer service. iii . Resulting from conditions beyond the sewer user's control . Attachment B Page 5 ORDINANCE NO. 5570 - Page 5 (b) The City Manager or his or her designee will review water consumption records and/or the basis of user classification to determine any credit or refund due. i . Adjustments shall be limited to twelve (12) months preceding the date of the request. ii . Volume of discharge to the sanitary sewer system shall be the basis of determining the amount of sanitary sewer user credit or refund due. iii . Upon request, adjustments will be made to accounts with a water meter lockout for a continuous period of 60 days or longer. If the user does not have their own water meter or has a private well , an electric meter lockout can be used in lieu of a water meter lockout. iv. Adjustments will not be made if the total amount of the adjustment is less than $10.00 and/or if the change in consumption compared to a historical average shows a 20 percent or less increase. (5) Appeal of Monthly Charges. (a) Any user not satisfied with the results of the request for an adjustment of sanitary sewer and drainage user fees made under 3-3-3(4) may appeal to the City Manager or his or her designee for a refund, credit and/or a change in the basis of assessing user fees. i . An appeal must be filed on the form provided by the City. ii . The City Manager or his or her designee shall investigate the appeal and certify a reduction, if any, in the applicant's sanitary sewer and drainage sewer user fees and the conditions and duration of the reduction. The costs defined in 3-3-3(5) (a)iia. and b. to investigate the appeal authorized by this section and any conditions required by the City Manager or his or her designee shall be borne by the appellant. The City Manager's decision regarding an appeal shall be final . a. Cost to collect and analyze wastewater samples for BOD and suspended solids. b. Cost to measure volume of wastewater discharge. C. The applicant can provide this information described in 3-3-3(5)(a)ii .a. and b. directly, provided that the work is accomplished by a qualified wastewater testing laboratory. (b) Owners and/or occupants as users can appeal their intensity of development classification to the City Manager or his or her designee in accordance with 3-3-3(3) (b)iv. , or for any other reason. The City will measure the impervious area and consider on-site facilities which limit or reduce drainage flows. Based on this review, a new intensity of use classification may be assigned. The new classification may be higher or lower than the initially assigned value. The property owner/occupant as user will be required to retroactively pay for a period not to exceed twelve (12) months any increase in fees which may result from the applicant's request for an adjustment. If the review results in a lower monthly fee, the City will provide a refund or a credit for a period not to exceed twelve (12) months. Attachment B Page 6 ORDINANCE NO. 5570 - Page 6 3-3-4 Sanitary Sewer and Drainage Fees - New Users. Any new user shall pay charges starting from the date of connection, or of responsibility to connect. Provided, however, that such beginning charges will be prorated based upon the number of days in the billing cycle. 3-3-5 Sanitary Sewer and Drainage Fees - Due Dates. All sewer charges required to be paid by the preceding sections shall be payable when billed and in the event the same are not paid in full within the current credit policies of the Springfield Utility Board they shall be considered delinquent at that time. 3-3-6 Sanitary Sewer and Drainage User Fees -- Person Financially Responsible. (1) Sanitary sewer user fees called for by this article shall be charged to any person erecting or maintaining a drain for the discharge of sewage on any developed property located in the City which has been assessed for the construction of a collector sewer and which is located on property any point of which is within 120 feet of a collector sewer to which the property has access. (2) Account or person billed for sanitary sewer and drainage services. (a) Single family dwelling - sanitary sewer and drainage sewer user fees may be billed to either a Springfield Utility Board water or electric account. (b) Undeveloped properties are liable only for drainage sewer fees. Property owners are billed annually by the City or its Agent. (b) All other real property users except Federal , State and City owned property: i . Property with one water and/or one electric service account - bill either account. ii . Property without a sole electric or water account - bill an appropriate electric or water account or directly bill the property owner for sanitary sewer and drainage user fees. (3) The City may contract with the Springfield Utility Board or any other public or private agency for billing and collection services. (4) Except for Federal , State and City property, all real property within the City shall be liable for the user charges called for in this ordinance. (5) All charges due which are not paid or which cannot be conveniently assessed to the occupant or manager of said property shall be paid by the property owner as a user of the system or payment shall be otherwise secured by security acceptable to the City Manager. 3-3-7 Sanitary Sewer and Drainacie Fees - Collection. (1) The Springfield Utility Board shall be and it hereby is designated as the agent of the City to bill charges to the user or owner for payment thereof, and payments of any and all sewer charges be made to the Springfield Utility Board at the Board's offices in the City. (2) The Springfield Utility Board shall be responsible to the City for the collection of an accounting for only such charges as may be paid upon billing except as hereinafter provided. The funds so received Attachment B Page 7 ORDINANCE NO. 5570 - Page 7 shall be remitted to the Department of Finance of the City monthly. An itemized audit shall be submitted to the Department of Finance semi- annually within ten (10) days after the completion of the first half and the second half of the calendar year. The City shall pay to the Utility Board such sums for the service of collection as may be agreed upon by the City and the Utility Board. (3) In the billing of such charges, the same may be billed along with charges for electric and water service, and as a part thereof. In the event of payment by a user of less than the full amount billed for all services, electric, water and sewer, the amount received by the Utility Board shall be applied proportionately to sewer, water and electric accounts in the same proportion as the billing for each respective utility service bears to total billings, unless specifically designated in writing by the customer or user for application on electric, water or sewer charges specifically. (4) To enforce collection of such charges, and as an' additional remedy to all other provisions of this code, or of state statutes, the Springfield Utility Board is authorized to disconnect electric and water service of both, to any user delinquent in the payment of sewer user charges or fees until such delinquent charges or fees are paid and further, to charge and assess the usual charge and fee for the disconnection and reconnection upon payment. (5) Without limiting the foregoing, the City shall have the power to and may proceed to collect delinquent charges in any other manner provided by law including but not limited to the certification thereof to the Assessor of Lane County for collection in the manner provided by ORS 454.225 (referring to use and charges for service) or to file an action in Small Claims Court. In the event of collection by such means, there shall be added to the delinquent charge a penalty of 50% thereof. (6) The Springfield Utility Board shall refuse electric and water service or both to any user and/or property owing any delinquent sewer user charge, as well as for delinquent electric and water charges. 3-3-8 Sanitary Sewer and Drainacae Fees_- Special Fund. (1) The City shall maintain the funds collected and received from the Springfield Utility Board in accordance with the preceding section in a separate fund, or program, which shall be disbursed only for the purposes set forth in this section. (2) The City, upon receipt of sewer fees and the placing of the same in a separate fund or program as provided in this section, shall keep such accounts as will at all times, show all receipts and disbursements from the account and the purposes to which the disbursements have been applied. (3) The separate fund or program to be so maintained shall be used for any or all of the following purposes: (a) Payment of obligations and charges incurred for and in operation and maintenance of the sewerage system and sewage disposal system of the City and for regional sewerage service. Provided, that from revenues derived from any increases in sewer user charge rates imposed after November 3, 1980, payment may be made for system extensions. Nothing herein shall prevent the accumulation of funds for operation, maintenance, or extensions if appropriate, in order to fund such Attachment B Page 8 ORDINANCE NO. 5570 - Page 8 activities which may require greater resources than may be accumulated from revenues in said fund for such purposes(-,-) in any one year. (b) Payment thereafter of the principal and interest on the Sewage Collection and Treatment Facilities Bonds issued by the City of Springfield pursuant to authority therefore given by the electors of the City of Springfield at the election held on February 7, 1961. (c) It is declared to be the purpose and intent of this Section that the sewer charges called for in this Article shall be used and disbursed periodically as necessary for the purposes set forth herein and no other. 3-3-9 Sewer Charge--Liabilities. The liability of any person for unpaid sewer fees charged to him under code or ordinance provisions of the City that have subsequently been repealed shall not be affected by the repeal of the provisions, nor shall the irrevocable pledge of net revenues for the previously issued sewage disposal plant and trunk sewer bonds be affected by the repeal . The liability shall continue as if the provisions had not been repealed. Section 2: It is hereby found and determined that matters pertaining to sewage, sewer charges, sanitary sewer and drainage user fees is a matter affecting the public health, safety, and welfare, and that an emergency therefore exists, and therefore this ordinance shall take effect immediately upon this passage by the Council and approval by the Mayor. Adopted by the Common Council of the City of Springfield this 3rd day of June , 1991. Approved by the Mayor of the City of Springfield this 3rd day of June , 1991. i� Mayor ATTEST: REVIEWED & APPROVED AS ATO FORM City Recorder DATE: 5�_1 OFFICE OF CITY ATTORNEY CITY OF SPRINGFIELD Attachment B Page 9 ORDINANCE N0. 5570 - Page 9