Loading...
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 ..,. Ordinance No. 5382 (General ) 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) Page - 5 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 -- Ordinance No. _5382 _ (General) 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. U ' yor ATTEST: IZEWED & APPROVED AS TO FORMOF IF ff 34 `l City Recorder DATE: OFFICE OF CITY ATTORNEY CITY OF SPRINGFIELD