HomeMy WebLinkAboutOrdinance 5570 06/03/1991 r
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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.
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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 ) .
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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
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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.
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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 .
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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.
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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
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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
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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
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ORDINANCE N0. 5570 - Page 9