HomeMy WebLinkAboutOrdinance No. 4227 - AmendRCO77.SewerCharges
AN ORDINANCE AMENDING AND REENACTING
CHAPTER 77 OF THE ROCHESTER CODE OF
ORDINANCES RELATING TO SEWER CHARGES.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 77 of the Rochester Code of Ordinances is hereby
created and enacted to read as follows:
77. SEWER CHARGES.
77.01 Definitions. Subdivision 1. Unless the context specifically
indicates otherwise, the meaning of terms used in this ordinance shall be as
follows:
Subd. 2. “Administration” means those fixed costs attributable to
administration of the water reclamation plant and sanitary sewer collection system
operation and maintenance.
Subd. 3. "Ammonia Nitrogen (NH-N)” means the quantity of nitrogen
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present in wastewater in the form of ammonia as measured by procedures
described in “Standard Methods.”
Subd. 4. “Carbonaceous Biochemical Oxygen Demand (CBOD)”
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means the quantity of oxygen utilized after five days in the biochemical oxidation of
organic matter present in wastewater as measured by procedures described in
“Standard Methods.”
Subd. 5. “City” means the City of Rochester, Minnesota or its
governing body, the Common Council of the City of Rochester.
Subd. 6. “City Engineer” means the Public Works Director or his or
her designee.
Subd. 7. “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.
Subd. 8. "High Strength Waste" means wastewater having a CBOD
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greater than 250 milligrams per liter (mg/l) and/or a TSS greater than 250 mg/l,
and/or a TP greater than 7 mg/l, and/or a NH-N concentration greater than 28
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mg/l.
Subd. 9. “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 WRP capacity to
treat any parameter exceeding the definition of high strength waste.
Subd. 10. “Operation and Maintenance” means those variable costs
which are directly attributable to operating and maintaining the sanitary sewer
system and the water reclamation plant.
Subd. 11. “Person” means any individual, firm, company, association,
society, corporation or group.
Subd. 12. “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.
Subd. 13. “Sanitary Sewer” means a pipe or conduit that carries
wastewater from residences, commercial buildings, industrial plants, and
institutions to the water reclamation plant.
Subd. 14. “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, of options are available
for a particular characteristic, the method as chosen by the Water Reclamation
Plant for analysis.
Subd. 15. “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.
Subd. 16. “Total Phosphorus (TP)” means all forms of phosphorus
present in wastewater as measured in procedures described in “Standard
Methods.”
Subd. 17. “Total Suspended Solids (TSS)” means the non-filterable
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.”
Subd. 18. “User” means a person who discharges, or causes or permits
the discharge of, wastewater into the City’s wastewater disposal system.
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Subd. 19. “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.
Subd. 20. “Water Reclamation Plant (WRP)" means an arrangement of
devices and structures for treating wastewater and biosolids, owned and operated
by the City of Rochester Public Works Department.
Subd. 21. “WRP Manager" means the manager of the Water
Reclamation Plant or his or her designee.
77.02. Service Charges. Subdivision 1. 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.
Subd. 2. 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 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 Olmsted County.
Subd. 3. High Strength Surcharges.
A. In addition to the rate established pursuant to subdivision 2, 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.
B. A user not providing automatic waste monitoring equipment will be
charged on the basis of CBOD, TSS, TP, and NH-N as determined
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by analysis of a 24 hour composite sample collected at least once per
calendar year by the WRP 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
WRP Manager. Where it is not feasible to obtain a single
representative sample, the WRP 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
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CBOD, the charges may be assessed on the basis of the TOC
5
analysis. For the purpose of computation the CBOD shall be
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assumed to be equivalent to 1.8 times the TOC.
C. In certain cases, the WRP Manager may sample a user’s wastewater
and test it to establish a typical ratio of CBOD to TOC. Thereafter,
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the calculated ratio and TOC test results may be used as a surrogate
for CBOD to TOC ratio will periodically be re-evaluated and re-
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calculated.
Subd. 4. Capital Equalization Charge.
A. 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.
B. 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.
Subd. 5. Residential Charges. The Common Council, by resolution,
may establish a residential charge for single, two and three family dwellings.
Subd. 6. 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.
Subd. 7. 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.
Subd. 8. Hauled Liquid Waste Charges.
A. The Water Reclamation Plant may accept hauled liquid waste
based on the capacity of the plant to treat the waste. The decision
4
whether to accept any hauled liquid waste will be at the discretion
of the City Engineer and WRP Manager.
B. The liquid waste haulers will be responsible for providing samples of
the waste in accordance with policies and procedures determined by
the WRP Manager. The charges for hauled liquid waste will be
based on the volume and assumed concentration of CBOD TSS,
5,
TP, and NH-N and the unit costs for each parameter.
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C. 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.
Subd. 9. Plant Investment Fee.
A. The purpose of the Plant Investment Fee (PIF) is to impose a portion
of the cost of capital improvements for expansion of the WRP upon
those developments and redevelopments that create the need for or
increase the demands on the WRP. 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 WRP are exempt from payment of a
PIF.
B. 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 multi-family 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 WRP,
including expenditures relating to repayment of indebtedness.
C. A person challenging the calculation of a PIF may appeal the decision
of the City Engineer to the Common Council. A written appeal must
be filed with the City Clerk with 60 days of the receiving the City
Engineer’s calculation of the PIF.
77.03. Metering Required; Certain Premises. Subdivision 1. 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
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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 city engineer, 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 city engineer. 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 City Engineer
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.
Subd. 2. 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 City
Engineer 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 subdivision 1 herein, or to other
property which obtains its water from the public utility department, the city engineer
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.
Subd. 3. Wastewater flow metering for large users. All large users are
required to install and maintain flow meters on all connections to the sanitary sewer
that discharge process wastewater. Flow meters shall display a daily totalized flow
and be situated to allow convenient daily access by city personnel for the purposes
of reading the meter. Two copies of any keys required to access the flow meter
shall be submitted to the city. Flow meters shall be maintained by the large user at
their own expense and shall be kept in good operating condition. In the event that
the meter fails to properly record a totalized flow on any given day the city may
make and use an estimate of the maximum flow that may have occurred during
such failures for the purpose of determining service charges.
Subd. 4. Automated Composite Samplers for Large Users. All large
users are required to install and maintain automated composite samplers for the
purpose of providing the City with a refrigerated daily composite sample. Samplers
shall be conveniently located to allow city personnel daily access for the purposes
of collecting a daily composite sample including a means of properly disposing of
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any excess sample and access to fresh water to rinse sample containers. Two
copies of any keys required to access the sampler shall be submitted to the city.
Automated composite samplers shall be programmed to be actuated by the flow
meter in such a way that a flow proportional composite is obtained. Automated
composite samplers shall be maintained by the large user at their own expense and
shall be kept in good operating condition.
77.04. Billing Units. Each meter shall be considered a separate
billing unit in applying the charges and rates established by this chapter except that
any contributor to the sanitary sewer system whose water supply at a particular
location is received through more than one meter shall be billed on the basis of the
combined reading of the several meters.
77.05. Meter Reading, Billing, and Collections. Bills for the service
charges shall be made out by Rochester 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.
77.06. Revenues; Deposits and Disbursements. The revenues
derived from the rates and service charges shall be deposited with the City's
Director of Finance in the Wastewater Utility fund. The revenues shall be used
solely for the purpose of paying the costs of administration, operation and
maintenance of the wastewater facilities, and to pay the interest and principal on
any bonds of the city which have been issued or shall be issued on account of the
construction of said facilities, and to maintain an equipment and replacement fund
for use at any time in making repairs to the wastewater facilities.
77.07. Periodic Review of Charges. The common council will review
the Sewer Service Charge System established herein on an annual basis.
Thereafter, the council may periodically revise the rate charged for sewer service to
reflect any change in the cost of providing said service.
77.08. Equipment Replacement Fund. There is hereby established
an equipment replacement fund. The fund is established in order to have sufficient
capital on hand to make necessary replacements and perform necessary
maintenance of equipment throughout the useful life of the treatment facilities. The
equipment replacement fund established consists of the following:
A. Maintaining a balance of $1,000,000, thereafter a minimum of
$80,000 per year will be placed into the fund. Interest on invested
money from the fund shall be credited towards the annual minimum
deposits to the fund.
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B. Emergency replacements, if needed, will be made from the fund and
annual payments to the fund will be increased to restore the desired
minimum fund level of $1,000,000 within a reasonable time.
C. Revenue for the fund will be supplied by the operation and
maintenance user charge and any surcharges.
77.09. Evaporation of Metered Water. Subdivision 1. 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:
A. The user may install a meter in the sanitary sewer at a location, and
of a type approved by the WRP Manager.
B. The volume of evaporation loss may be computed or estimated
based upon reliable data submitted to the WRP Manager by the user.
Subd. 2 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 (5) 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 city engineer that the primary
purpose of the metered water is for laundry purposes.
77.10. Assessment of Charges. On or before November 1 of each
year the public utility department shall certify to the City Clerk a list of unpaid
accounts showing the names and addresses of all unpaid accounts up to
September 30 of that year. On or before November 25 the council shall assess the
unpaid accounts against the property receiving the use of the wastewater facilities,
which said assessments, including interest at a rate set by resolution of the City
Council for the time period from October 1 to May 31 following, shall be a lien on
the affected properties as shown in the assessment tabulation and shall be
collected in the same manner as other special assessments. The sum collected
together with interest shall be credited to the wastewater facilities fund.
Section 2. This ordinance shall be effective upon the date of its
publication.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY
OF ROCHESTER, MINNESOTA, THIS _____ DAY OF _____________, 2016.
____________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2016.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/77
9
ORDINANCE NO,4221
AN ORDINANCE AMEND-
ING AND F REENACTING
OAPTER 71 OF THE
.A�VIT F ...�PUBLICATION
�,tCd-ISTEr� CODE OC}
ORDINANCES RELATING
TO, SEWER CHARGES.
The following s a,.surri-
ma a,the Sewer,Charg- State of Minnesota, County of Olmsted)
es t�rdlnance as adopted
by the Rochester Com'
mon Counpll February
eLisa Schell, being duly sworn, on oath that she is the publisher or authorized
1, 801 , nd1§isWbll4hed
pursuant to Section 0.07 agent and employee of the publisher of the newspaper known as the Post-
of the Rochester Home 11
Flute Charter' and section Bulletin, and has full knowledge of the facts which are stated below:
331A,01, subd, 10 of the
Mihnasota Statutes. The
Rochester ComamonCoun- (A) The newspaper has complied with all the requirements constituting
cil approved the publication
of ftwis ordinance summa- qualifications as a legal newspaper, as provided by Minnesota Statute
M e Its February copy f,oafs, 331A.g2, 331A.g7 and other applicable haws, as amended.
Mee
A copy of this or. pp-
dlnance is on lite at the,Of- '
fico of the Cli Clea, 201
Fourth Street, E,, Room : (B) The printed notice
13% Rochester, MN, and
at tha Rochester Public Ltµ
brery, 101 Second street Which is t from the said newspaper and was
s,F.„ Rochester,MN, s awas cue columns onewsp' p
This ordireanbo regulates printed and published 1 time(s); it was printed and publishedon the following
the amount- end manner
in which charges are es- dates:
sessed for sewage dis- '
charges Into the City's PB 02/0,6/2016
sewer system.
PASSED AND ADOPT, IPB 02/0612016
ED BY THE COMMON
COUNCIL,OF THE,CITY"
OF ROCHESTER, MIN- Printed below is a co of the lower case alphabet from a to z, both inclusive,
NESOTA, THIS 1st'DAY copy p'
OF February,2016, which is hereby acknowledged as being the size and kind of type used in the
//'Rand Staver
PRESIDENT�FSAID composition and publlication of the notice:
COMMON COUNCIL
ATTEST,
FSI Aaron 5;Reeves a4edelcyhrjkwmnopgrstu"VX9
CITY CL
EEtIC PtS IJLIL II`J \CMIDA�Y L.L.C.
APPROVEDTH1S 4th DAY
OF February,2010, BY:
IS/Ardell F.Elrode
MAYOR
I aarrtrth City 64' �
TITLE: Media Inside Sales Manager
Rocllsstar, innosata)
(2/6)
I Subscribed and sworn to me on JEAN BUBL1T
This _``� clay f VV 20 E(P:-)
NOTARY PUBLIC-MINNESOTA
My C+nrttnt.Exp.Jan. 1,2020
lit iy Public
RATE INFORMATION
1) Lowest classified rate paid by commercial user $21.95
For comparable space (per inch/per d'ayldisplay rate)
2.) Publication Fee $110.42
Ad#161282:ORDINANCE NO.,4227 AN ORDINANCE AMEN