HomeMy WebLinkAboutOrdinance No. 4454 - Second Reading: Ordinance amending Chapter 12-6 Sewer Charges.Full Ordinance
ORDINANCE NO. ____
AN ORDINANCE AMENDING SECTIONS 12-6-1, 12-6-2, 12-
6-5, 12-6-7, 12-6-9, PARAGRAPHS (a) AND (b) OF SECTION
12-6-3, AND REPEAL SECTION 12-6-8 OF CHAPTER 12-6
OF TITLE 12 OF THE ROCHESTER CODE OF ORDINANCES
RELATING TO SEWER CHARGES.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS:
Section 1. Section 12-6-1 of the Rochester Code of Ordinances is amended to read as
follows:
Sec. 12-6-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Administration means those fixed costs attributable to administration of the water reclamation
plant and sanitary sewer collection system operation and maintenance.
Ammonia nitrogen (NH-N) means the quantity of nitrogen present in wastewater in the form
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of ammonia as measured by procedures described in Standard Methods.
Carbonaceous biochemical oxygen demand (CBOD) means the quantity of oxygen utilized
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after five days in the biochemical oxidation of organic matter present in wastewater as measured
by procedures described in Standards Methods.
Chemical oxygen deman (COD) means the amount of oxygen consumed in the chemical
oxidation of organic matter by a strong oxidant present in wastewater as measure by procedures
described in Standards Methods.
City means the City of Rochester, Minnesota or its governing body, the common council of
the City of Rochester.
Debt service means that portion of sewer service charge revenue set aside to repay long or
short debt obligations issued by the city to finance construction of improvements to the
wastewater facilities.
Equivalent Residential Unit (ERU) means single family home with three or fewer dwelling
units and is established as the average wastewater flow and concentrations in the City.
High-strength waste means wastewater having a CBOD greater than 250 265 milligrams
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per liter (mg/L) and/or a TSS greater than 250 265 mg/L, and/or a TP greater than seven 6 mg/L,
and/or a NH -N concentration greater than 28 31 mg/L.
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Large user means any user that discharges an average of more than 25,000 gallons per day
of process waste into the sanitary sewer and having a high-strength waste and greater than five
percent of the wastewater utility capacity to treat any parameter exceeding the definition of high-
strength waste.
Manager means the City of Rochester Deputy Public Works Director of Environment
Services, or their designee.
Operation and maintenance means those variable costs which are directly attributable to
operating and maintaining the sanitary sewer system and the water reclamation plant.
Person means any individual, firm, company, association, society, corporation or group.
Replacement means expenditures for obtaining and installing equipment, accessories, or
appurtenances, which are necessary to maintain the capacity and performance of the wastewater
facilities throughout the useful life of the facilities.
Sanitary sewer means a pipe or conduit that carries wastewater from residences, commercial
buildings, industrial plants, and institutions to the water reclamation plant.
Standard Methods means the latest edition of Standard Methods for the Examination of
Water and Wastewater prepared and published jointly by the American Public Health Association,
the American Water Works Association, and the Water Environment Federation, and, if options
are available for a particular characteristic, the method as chosen by the water reclamation plant
for analysis.
Total Kjeldahl Nitrogen (TKN) means ammonia nitrogen and organic present in wastewater
as measure in procedures described in Standard Methods.
Total organic carbon (TOC) means the oxidizable carbon of organic origin that is present
wastewater as measured according procedures described in Standard Methods and is
determined using a total organic carbon analyzer.
Total phosphorus (TP) means all forms of phosphorus present in wastewater as measured
in procedures described in Standard Methods.
Total suspended solids (TSS) means the nonfilterable residual matter present in wastewater
as measured in procedures described in Standard Methods. If a waste has a solids concentration,
which cannot be filtered using Standard Methods procedures, then total solids will be measured
and used in lieu of TSS using procedures described in Standard Methods.
User means a person who discharges, or causes or permits the discharge of, wastewater
into the city's wastewater disposal system.
Wastewater means the spent water of a community and includes liquid and water-carried wastes
from dwellings, commercial buildings, industrial facilities, and institutions, together with any
groundwater, and surface water that may be present, whether treated or untreated, which is
discharged into or permitted to enter the city's wastewater disposal system.
Section 2. Section 12-6-2 of the Rochester Code of Ordinances is amended to read as
follows:
Sec. 12-6-2. – Service Charges.
(a) Established. A sewer service charge is established whereby revenue will be collected from
the users of wastewater facilities to pay the costs incurred by the city for administration,
operation and maintenance, replacement, and debt service of such facilities.
(b) Fixed and quantity charges. The common council, by resolution, may establish the charges
and rates for use and services of the wastewater facilities to be made against any lot, parcel
of land, or premises using, or by which installation of a connection could use the wastewater
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facilities. In those circumstances where the council has approved the connection of a
subordinate sewer district to the city's wastewater facilities that makes connection at a single
point for metering the flow from the entire district, a single fixed charge shall be imposed
consistent with this subdivision or with the provisions of any sanitary sewer connection
agreement entered into by the city and the county.
(c) High-strength surcharges.
(1) In addition to the rate established pursuant to subsection (b) of this section, the common
council, by resolution, may establish surcharges for a user that discharges high-strength
waste. No credit will be given for waste strengths less than high-strength waste values.
(2) A user not providing automatic waste monitoring equipment will be charged on the basis
of CBOD , TSS, TP, and NH -N as determined by analysis of a 24-hour composite
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sample collected at least once per calendar year by the wastewater utility manager
manager. More than one analysis per year and more than one year's data may be
averaged to determine high-strength charges. A user may be required to provide a
suitable point for metering and sample collection and shall cooperate with the
wastewater utility manager manager. Where it is not feasible to obtain a single
representative sample, the wastewater utility manager manager may compute a
theoretical waste strength based upon similar users. Where it is evident that a
constituent of the waste significantly inhibits the standard analysis for CBOD , the
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charges may be assessed on the basis of the COD or TOC analysis. For the purpose
of computation the CBOD shall be assumed to be equivalent to 1.8 times the TOC or
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0.45 times the COD.
(3) In certain cases, the wastewater utility manager manager may sample a user's
wastewater and test it to establish a typical ratio of CBOD to TOC or CBOD to COD .
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Thereafter, the calculated ratio and TOC or COD test results may be used as a
surrogate for CBOD to The CBOD to COD and CBOD to TOC ratio will periodically
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be re-evaluated and re-calculated.
(4) In certain cases, the manager may sample a user’s wastewater and test it to determine
the amount of TKN to NH –N ration for wastes typically known to have higher TKN to
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NH –N rations other than what is typical in the City. Rates established for NH –N
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assume TKN to be 30% higher in concentration than NH –N. For wastes with higher
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ratios of TKN to NH –N, the percent above assumed concentrations shall be multiplied
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to measured NH -N concentrations to account for additional costs of treatment when
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calculating costs.
(d) Capital equalization charge.
(1) The common council, by resolution, may establish the charges and rates for the use
and services of the wastewater facilities by any lot, parcel of land, or premises situated
outside the corporate limits of the city which shall have any active connection with the
sanitary sewer system or which shall otherwise discharge wastewater either directly or
indirectly into the sanitary sewer system. The capital equalization charge does not apply
to any property located outside the city's boundaries that is subject to an orderly
annexation agreement between the city and township that specifically provides for the
waiver of this charge or some other rate calculation.
(2) The capital equalization charge provided for in this subdivision shall be added to the
first billing for service charges and shall continue to be added to each billing thereafter
until the respective lot, parcel of land, or premises is annexed to the city.
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(e) Residential charges. The common council, by resolution, may establish a residential charge
for single-, two- and three-family dwellings.
(f) Monitoring charges. The common council, by resolution, may establish a monitoring charge
for a large user or any other user having waste characteristics or flows requiring routine
sampling and testing by water reclamation plant personnel two or more times a week.
(g) Sampling charges. The common council, by resolution, may establish a sampling charge for
users where a sample is required to determine wastewater characteristics to cover laboratory
testing and administrative costs. Sampling charges shall not be charged in addition to
monitoring charges unless the sampling is in addition to the routine monitoring schedule.
(h) Hauled liquid waste charges.
(1) The water reclamation plant may accept hauled liquid waste based on the capacity of
the plant to treat the waste. The decision whether to accept any hauled liquid waste will
be at the discretion of the wastewater utility manager manager.
(2) The liquid waste haulers will be responsible for providing samples of the waste in
accordance with policies and procedures determined by the wastewater utility manager
manager. The charges for hauled liquid waste will be based on the volume and assumed
concentration of CBOD , TSS, TP, and NH -N and the unit costs for each parameter.
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(3) The common council, by resolution, may establish a charge for septage, portable toilet,
fats, oils, and grease, and any other high-strength hauled liquid waste.
(i) Plant investment fee.
(1) The purpose of the plant investment fee (PIF) is to impose a portion of the cost of capital
improvements for expansion of the wastewater utility upon those developments and
redevelopments that create the need for or increase the demands on the wastewater
treatment plant utility. The PIF shall be collected at the time of issuance of a building
permit for the development or redevelopment project. Structures and uses established
and legal existing on or before January 1, 2005, are exempt from a PIF, to the extent of
the structure or use then existing and to the extent of the parcel of land as it is
constituted on that date. Structural additions to single-family dwellings are exempt from
payment of a PIF. An alteration, replacement or change in use that does not increase
the parcels or structures use of the wastewater utility are exempt from payment of a
PIF.
(2) The common council, by resolution, may establish the PIF. The resolution shall set the
amount of the equivalent residential unit (ERU) PIF. The PIF for multifamily residential,
commercial and industrial customers will be calculated based on the wastewater flow
and load contributions from the user or alternatively the user classification PIF
established by resolution. The PIF shall be applied only to capacity increasing capital
improvements to the wastewater utility, including expenditures relating to repayment of
indebtedness.
(3) Structures and uses established and legally existing on or before January 1, 2005, are
exempt from a PIF to the extent of the structure or use then existing and to the extent
of the parcel of land as it is constituted on that date. A PIF credit will be calculated for
properties redeveloped for residential use after January 1, 2005, provided that an
exisiting structure, use and wastewater discharge to the Water Reclamation Plant was
established on or after that date. A PIF credit will be calculated at the time of
redevelopment and will be based on the property uses, meter(s) size or number and
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type of previously existing dwelling units (if applicable), and the PIF rate from the
applicable established rates. No refund will be made if the calculated credit is greater
than the new PIF.
(4) To encourage compact, dense and sustainable use of building structures and property,
developments with a mix of both residential dwelling units and non-residential uses in
the same building, the PIF will be calculated based on these different uses. The PIF
for residential portion of the development will be calculated based on the proposed
residential development use as described. The PIF for non-residential portion of the
development will be calculated based on the proposed non-residential development use
and resulting meter(s) size as described. The residential PIF component will be added
to the nonresidential PIF component of the building. Appropriate PIF credits for
redevelopment of an existing property will be determined as described above based on
the previously existing use(s) that existed on or after January 1, 2005. Fifty percent of
the sum of the calculated PIF amount and applicable PIF credits will be charged as the
net PIF for a mixed use building development/ redevelopment.
(5) To encourage the reuse and redevelopment of existing structures in the City for
residential or non-residential use, the PIF and PIF credit shall be calculated as defined
in this ordinance and rate resolution. For reuse and redeveloped buildings, fifty percent
of the sum of the calculated PIF amount and applicable PIF credits will be charged as
the net PIF.
(6) Seasonal public outdoor restroom facilities shall be calculated as a residential unit.
(7) Where reuse of an existing building is taking place by an industry that will produce high
strength waste, as determined by the manager, an additional PIF will be charged based
on industrial discharge permit PIF fees outlined in the rates resolution.
(8) This section applies only to the commercial and industrial developments that have
industrial discharge permits with the Water Reclamation Plant that specify the allowable
flows and loads that may be discharged. The commercial or industrial developments
that have industrial discharge permits with the Water Reclamation Plant that do not
specify allowable flows and loads that may be discharged are subject to the PIF based
on water meter size as shown in the rates resolution. When there is a requirement that
the discharge limits be increased, a Plant Investment Fee will be determined based on
the Equivalent Residential Unit fee. These developments pay a high strength waste
surcharge on their monthly bill based on their usage and is typically 60% of their
permitted discharge peak allowable limits; therefore, the PIF will be based on 60% of
the rates determined by the ERU. Industrial discharge permit PIF is established for
specific wastewater characteristics listed in the rates resolution and values include the
40% deduction.
(39) A person challenging the calculation of a PIF may appeal the decision of the wastewater
utility manager manager to the common council. A written appeal must be filed with the
city clerk with 60 days of the receiving the wastewater utility manager's manager’s
calculation of the PIF.
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Section 3. Section 12-6-5 of the Rochester Code of Ordinances is amended to read as
follows:
Sec. 12-6-5. – Meter reading, billing, and collections.
Bills for the service credits and charges shall be made out by city public utilities (RPU) in
accordance with its usual and customary practices. The time of making such bills and the period
covered thereby shall be in accordance with the meter reading practices of the RPU. All bills shall
be payable to RPU. The wastewater facilities fund shall reimburse RPU for all reasonable costs
incurred in meter reading, billing and collection.
Section 4. Section 12-6-7 of the Rochester Code of Ordinances is amended to read as
follows:
Sec. 12-6-7. – Periodic review of charges.
The common council will review the sewer service charge system established herein on an
annual basis every six years as outlined by the sewer rate study. Thereafter, the council may
periodically revise the rate charged for sewer service to reflect any change in the cost of providing
said service.
Section 5. Section 12-6-9 of the Rochester Code of Ordinances is amended to read as
follows:
Sec. 12-6-9. – Evaporation of metered water.
(a) When a commercial water user evaporates a significant amount of its metered water and
therefore its wastewater discharge is reduced by this volume of water, the user may request
a proportionate reduction in its quantity charge. This reduction in volume entering the
sanitary sewer may be determined or estimated for billing by one of the following methods:
(1) The user may install a meter in the sanitary sewer at a location, and of a type approved
by the wastewater utility manager manager.
(2) The volume of evaporation loss may be computed or estimated based upon reliable
data submitted to the wastewater utility manager manager by the user.
(b) Laundries and laundromats. In the event that a commercial laundry or laundromat elects not
to install a wastewater meter, the city may reduce its quantity charges by five percent of the
charge computed on the metered water which is primarily utilized for laundry purposes and
where other uses such as drinking water and toilets are only incidental to the primary water
usage. It is the responsibility of the water user to demonstrate to the wastewater utility
manager manager that the primary purpose of the metered water is for laundry purposes.
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Section 6. Paragraphs (a) and (b) of Section 12-6-3 of the Rochester Code of
Ordinances is amended to read as follows:
Sec. 12-6-3. – Metering required; certain premises.
(a) If a lot, parcel of land, or premises which discharges wastewater into the sanitary sewer
system, either directly or indirectly, obtains part or all of the water used thereon from sources
other than the public utility department and the water so obtained is not measured by a meter
in a manner which is acceptable to the wastewater utility manager,manager, then, in such
case, the city shall permit the discharge of wastewater into its sanitary sewer only when the
owner of such a lot, parcel of land or premises or some other interested party shall, at their
expense, install and maintain a water meter which shall be satisfactory to the wastewater
utility manager manager. Such water meter shall be installed so as to measure all water
received on such lot, parcel of land, or premises and the above charges and rates shall be
applied to the quantity of water received as measured by such meter. However, if it shall be
deemed impracticable by the wastewater utility manager manager to measure the water
used on any lot, parcel of land, or premises, and upon approval of the council, a flat charge
may be made in accordance with the estimated use of water on such lot, parcel of land, or
premises.
(b) If a lot, parcel of land, or premises which discharges wastewater into the sanitary sewer
system also diverts a portion of the water utilized such that it does not, and cannot enter the
sanitary sewer system the wastewater utility manager manager is authorized to determine,
in such manner and by such method as he may deem practicable, the amount of water which
does enter the sanitary sewer system. With respect to the property described in subsection
(a) of this section, or to other property which obtains its water from the public utility
department, the wastewater utility manager manager is authorized to require or permit the
installation of other, or additional meters in such a manner that the quantity of water which
actually enters the sanitary sewer system may be determined. The expense of the meter
installation and maintenance shall be assumed by the party requesting the metering of such
water, however, the installation of such additional meters shall be limited to plumbing
systems which divert an average of 1,000 cubic feet per month or more from the sanitary
sewer system. Thereafter, the quantity charge for wastewater shall be based upon the
amount of wastewater determined to be entering the sanitary sewer.
Section 7 Section 12-6-8 of the Rochester Code of Ordinances relating to Equipment
Replacement Fund is hereby repealed.
Section 8. This ordinance shall become effective from and after its publication.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2021.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord20/12-6.SewarCharges.docx
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