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HomeMy WebLinkAboutOrdinance 5247 05/07/1984 ORDINANCE NO. 5247 (GENERAL) AN ORDINANCE CONCERNING SEWER CHARGES - DEFINITIONS AND RATES AND AMENDING SECTION 3-3-2 AND SECTION 3-3-3 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 to read as follows: "Section 3-3-2 Sewer 'Charges Definitions. As used in this Article, the following definitions shall be applied. (1) Commercial User--A user at an establishment the purpose of which is sales and/or exchange of products, goods or services, including recreational services, professional services, public services specifically including lodges, clubs, churches and schools. (2) Dwelling--A building or portion thereof which is occupied in whole or in part as a home, residence or sleeping place, either permanently or temporarily - by one or more families, but excluding hotels, motels and tourist courts. (3) Dwelling, Mobile Home--A vehicle or structure, designed for transportation as a unit over public highways either on its own wheels or on a dolly or trailer, that has sleeping, cooking and plumbing facilities, is intended for human occupancy, and is being used or is set up or assembled for residential purposes. This definition shall include all mobile home dwellings, whether or not located within a mobile home park, but excludes units located in transient trailer parks or units located on individual lots. Transient trailer parks shall be considered and charged on a commercial use basis. Units on individual lots shall be considered single family dwellings and so charged. (4) Dwelling, Multiple--A building designed and used for occupancy by three (3) or more families, all living independently of each other and having separate house- keeping facilities for each family. (5) Dwelling, Single Family--A detached building designed or used exclusively for the occupancy of one family and having housekeeping facilities for one family. Page 1 Ordinance No. 5247 (6) Dwelling, Two Family (Duplex) --A building designed or used exclusively for the occupancy of two families living independently of each other and having separate housekeeping facilities for each family. (7) Hotel--A building or group of buildings used for transient residential purposes containing 6 or more guest rooms without housekeeping facilities which are intended or designed to be used, or which are used, rented or hired out to be occupied for sleeping purposes by guests which shall include not only hotels but motels, motor hotels, tourist courts, tourist trailer courts, and any other type transient residential facilities as herein defined. (8) Industrial User--Any user engaged in manufacturing or processing activities which are permitted uses in the M-R, M-2 and M-3 districts as set forth in the Springfield Zoning Code 1970. Such definition shall apply to any user engaged in such activities whether or not actually located in such districts. (9) Operation and Maintenance--Activities required to assure the dependable and economical function of treatment works. (i) Maintenance: Preservation of functional integrity and efficiency of equipment and structures. This includes preventative maintenance, corrective maintenance and replacement of equipment as needed. (ii) Operation: Control of the unit processes and equipment which make up the treatment works. This includes financial and personnel management; records, laboratory control, process control, safety and emergency operation planning. (10) Person--An individual, corporation, firm, association, co-partnership, municipal subdivision or district. (11) Replacement--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. The term "operation and maintenance" includes replacement. (12) Residential Uses or Users--All uses as defined in (2) through (6) herein. (13) Sanitary Facility--Any unit of use that is connected to a sanitary sewer. Page 2 Ordinance No. 5247 (14) Useful Life--The period during which a treatment works is planned and designed to be operated. (15) User--Every person using the sewer system who is required under the terms and conditions of this code (whether connected or not) to make a connection with the sewer system of the City. (16) User Charge--A charge levied on users of a treatment works for the user' s proportionate share of the cost of operation and maintenance (including replace- ment) . " eplace- ment) . " Section 2 : Section 3-3-3 of the Springfield Code 1965 is amended to read as follows: "Section 3-3-3 User Charges-Rates . For billings rendered after July 1, 1984, charges to be paid for the employment, use and benefit afforded by the sewage system of the City and by the Metropolitan Wastewater Management Commission for regional service and facilities shall be the following just and equitable monthly rates : (1) Residential Users: City Regional Total Single dwelling unit -------$4 .20 $6 .30 $10 .50 Duplex, each dwelling unit-- 4 . 20 6 .30 10 . 50 Multiple, each dwelling unit ------------------ 4 . 20 6 . 30 10 . 50 The owner or agent of multiple family dwelling units and mobile home parks served by one or more master meter (s) may request billing (s) based on water consumption as described in paragraph 2 (a) & (b) below. (2) All Other Users (including commercial and industrial) : THE GREATER OF (a) OR (b) City Regional Total (a) A minimum charge of----- $4 . 20 $6.30 $10 . 50 or (b) (i) A rate per thousand of cubic feet of water consumed --------------- 5 . 45 8 .15 13 . 60 or, (ii) Notwithstanding the rates specified in Paragraph (i) above, all sewer users that discharge wastewater with an average of B.O.D. and/or suspended solids exceeding 400 milli- grams per liter shall pay the following : Page 3 Ordinance No. 5247 User Charge = V ( [B ($0 .1455) + S ($0 . 0873) ] (0 . 00623) + ($1.36) Where V equals the volume in hundreds of cubic feet of wastewater discharged by the user into the regional system during the month; B equals the average biochem- ical oxygen demands in excess of 200 milligrams per liter of the wastewater; and S equals the average suspended solids in excess of 200 milligrams per liter of the wastewater. (c) Sewer charges for industrial users shall be based on effluent flow metered at the expense of the user, or on metered water flow, or on estimated average effluent flow based on measurements taken by the City, whichever basis the City deems most feasible and most equitable to both the user and the City. The City may require an industrial 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 affluent. (4) Each user shall be notified, at least annually, in conjunc- tion with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services. (5) Appeal Process Monthly Charge: (a) Any user may appeal to the City Manager or his or her designee to reduce the monthly charge based on: (i) The amount of water consumed and not discharged into the sanitary sewerage system, or (ii) The recommendation of the regional sewerage agency when the application of the formula established in subsection 3 (b) requires the user to pay a disproportionate share of the costs of regional sewer service. (iii) Resulting from conditions beyond the applicant' s control. (b) The City Manager or his or her designee shall investi- gate the application. If the City Manager determines that a reduction is appropriate, he or she shall certify to the Springfield Utility Board a reduction in the applicant' s monthly sewer user charges and the conditions and duration of the reduction. The full cost of investigating the application authorized by this section and any conditions required by the City Manager or his or her designee shall be borne by the applicant. The City Manager' s decision regarding an application shall be final. Page 4 Ordinance No. 5247 6) Appeal Process Other Than Monthly Charge:' (a) Any user affected by any decision, action, or determination made by the City Manager or his or her designee interpreting or implementing the provisions of this ordinance may submit to the City Manager or his or her designee a written request for reconsideration of the decision, action or determination, within fifteen (15) days after the decision, action, or determination, setting forth in detail the facts supporting the users request for reconsideration. (b) The City Manager or his designee shall render a decision on the request for reconsideration to the user, in writing. The full cost of investigating the request for reconsideration authorized by this section and any conditions required by the City Manager or his/her designee shall be borne by the party requesting reconsideration. The City Manager ' s decision regarding a request for reconsideration shall be final. Section 3 : It is hereby found and determined that matters pertaining to the definitions for sewer charges, rates, and amendments thereto are matters affecting the public health�,. . s-afety and welfare, and that an emergency therefore exists, and that this Ordinance shall therefore take effect immediately upon its passage by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield on this _ 7th _ day of Ma, 1984 , by a vote of for and 0 against. APPROVED by the Mayor this _ 7ti_,_ _ day of _ Ma_; 1984 . Mayor ATTEST: REVIEVVED ; . APPROVED AS,TO FORM J 411 e '� City Recorder DATE. L' OFFICE OF CITY ATTORNEY CITY OF SPRINGFIELD Page 5