HomeMy WebLinkAboutOrdinance 5382 05/26/1987 ORDINANCE NO. 5382 (GENERAL)
AN ORDINANCE CONCERNING SEWER AND DRAINAGE CHARGES INCLUDING DEFINITIONS,
RATES AND ESTABLISHING FINANCIAL RESPONSIBILITY AND AMENDING SECTION 3-3-2,
SECTION 3-3-3 AND SECTION 3-3-6 OF THE SPRINGFIELD CODE 1965 AND DECLARING AN
EMERGENCY.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1 : Section 3-3-2 of the Springfield Code 1965 is amended as
follows:
Section 3-3-2 Sanitary Sewer and Drainaae 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 (BOD1. The quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard
laboratory procedure in five (5) days at 200 Celsius expressed in
milligrams per liter. This procedure is set forth in "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) Drainane 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.
(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) pervious 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 are 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) Operations and maintenance. Activities required to assure the
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Page - 2
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.
(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, municipal subdivision or district.
(10) Real property. The land and all building structures and
improvements located thereon.
(11) Regional sanitary sewer system. That portion of the publicly
owned sanitary sewer system consisting of pipes and conduits that
are 24 inches and greater in diameter (including appurtenance
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.
(13) Sanitary sewer system. The publicly owned 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 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 combined Biochemical Oxygen Demand
(BOD) and Suspended Solids (SS) concentrations equal to or
less than 400 mg/l .
(c) Medium Strength: Users with combined BOD and SS
concentrations greater than 400 mg/l but not greater than 800
Ordinance No. 5382 (General)
Page - 3
mg/1 .
(d) High Strength: Users with a combined BOD and SS wastewater
concentrations of greater than 800 mg/1 .
(e) Huh Strength Industrial : Any user with a combined BOD and
SS strength 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 systems.
(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 designed 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) .
(20) Volume. An amount of wastewater discharged based on either an
actual measurement of the discharge or an estimate based on
metered water consumption or other equitable basis.
Section 2: Section 3-3-3 of the Springfield Code 1965 is amended revised as
follows:
3-3-3 Sanitary Sewer and Drainage User Fees - Rates.
(1) General .
(a) All real properties in the City shall pay just and equitable
monthly charges for the services provided by 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.
Ordinance No. 5382 (General )
Page - 4
(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 charges which are attributable to
wastewater treatment services.
(e) Sanitary sewer and drainage user fees shall take effect for
billings renderded on or after July 1, 1987.
(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 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 November through
April ; and
b. Average metered water consumption for sewer user
bills rendered in the months of May through
October; 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 sewer users the average
monthly metered water consumption of other similar
Ordinance No. 5182 (General)
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sanitary sewer 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 service charges [volume as determined in 3-3-
3(2)(a) and 3-3-3(2) (b)] :
Local Regional
Sanitary Sanitary Total
Low Strength Residential
Base Charge ----- $ 1.43 $ 1 .43
Volume Charge/100 Cu. Ft. $0.61 0.43 1 .04
Low Strength
Base Charge ----- $ 1.43 $ 1.43
Volume Charge/100 Cu. Ft. $0.61 0.43 1.04
Medium Strength
Base Charge ----- $ 1.43 $ 1.43
Volume Charge/100 Cu. Ft. $0.61 $ 0.61 $ 1 .22
High Strength
Base Charge ----- $ 1.43 $ 1.43
Volume Charge/100 Cu. Ft. $0.61 $ 0.98 $ 1.59
High Strength Industrial
Base Charge ----- $ 1 .43 $ 1.43
Volume Charge/100 Cu. Ft. $0.61 $ 0.43 $ 1.04
Surcharge per 1000 Pounds
BOD $139.46 $139.46
Suspended Solids $155.55 $155.55
(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 fees established by this section.
(3) Computation of Drainage User Fees.
(a) All real property in the City of Springfield shall be classified
according to the intensity of development set forth below:
Ordinance No. 5382 (General)
Page - 6
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.
ii . Light Development - Developed real property which has
impervious surfaces of less than 20 percent of the total
square footage area of the property.
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.
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.
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
(b) 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, and there shall be
collected from the owners or occupants thereof, monthly service
charges based on the square footage of the property and on the
intensity of development classification for each property.
i . All real property except property with single family
dwellings shall be charged $1.27 per month plus the product
of the property area (in square feet) , runoff coefficient
[assigned to each property based on intensity of
development as defined in 3-3-3(3) (a)] and $0.000271 per
square foot.
ii . The runoff coefficient for each intensity of development
classification is as follows:
Undeveloped 0.00
Light Development 0.40
Moderate Development 0.50
Heavy Development 0.75
Very Heavy Development 1 .00
iii . Single family dwellings shall each pay $2. 15 per month.
iv. 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
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Page - 7
parcel of property of such lower classification of
intensity of development.
(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 .
(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.
Ordinance No. 5382 (General)
Page - 8
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)ii .a. 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 3-3-5(a)ii .a. and b. directly, provided that the
work is accomplished by a qualified wastewater
testing laboratory.
(b) Owners and/or occupants 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 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.
Section 3: Section 3-3-6 of the Springfield Code 1965 is amended as follows..
3-3-6 Sanitary Sewer and Drainaqe User Fees -- Person Financiallv Resi�onsible
(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 to a
collector sewer, and to any 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.
Ordinance No. g382 (General)
Page - 9
(b) Undeveloped properties are liable only for drainage service
charges. Property owners are billed annually by the City or
its Agent.
(c) All other real property 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 fees called for in this
ordinance.
(5) All charges due which are not paid or which can not be conveniently
assessed to the occupant or manager of said property shall be paid
by the property owner and may be certified as a lien against the
property.
Section 3: It is hereby found and determined that the amendment of the
Springfield Code 1965 concerning sewer and drainage charges including
definitions, rates and establishing financial responsibility is a matter
affecting the public health, safety, and welfare, and that and emergency
therefore exists, _and that this ordinance shall therefore take effect
immediately upon this passage by the Council and approval by the Mayor.
Adopted, try the Common Council of the City of Springfield this R 4--'
day of ' :''� 1987. (p ISI O✓ 90p45,Bq'.
+pproved by the Mayor of the City of Springfield this day of
1987.
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ATTEST: IZEWED & APPROVED
AS TO FORMOF IF ff 34
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City Recorder DATE:
OFFICE OF CITY ATTORNEY
CITY OF SPRINGFIELD