The purpose of this article shall be to generate sufficient
revenue to pay all costs for the City's complete wastewater system.
The costs shall be distributed to all users of the wastewater system
in proportion to their water usage, based upon water meter readings.
Factors such as strength (BOD and TSS) and delivery flow rate characteristics
shall be considered and included as the basis for contribution, if
the Commissioner of Public Works believes that it will cause additional
cost for treatment.
The Commissioner of Public Works and the City Treasurer shall
determine the total annual costs of operation, maintenance, debt service
and capital replacement of the wastewater system which are necessary
to maintain the capacity and performance, during the service life
of the POTW and treatment works, for which such works were designed
and constructed and to generate funds necessary for replacement. The
total annual cost of the wastewater system shall include but need
not be limited to labor, repairs, equipment replacement, maintenance,
administration, necessary modifications, power, sampling, laboratory
tests, a reasonable contingency fund, debt service and capital replacement.
A.
The Commissioner of Public Works and the City Treasurer shall develop
a proposed wastewater budget and recommend rates for wastewater usage
to the City's Board of Estimate and Apportionment for review,
amendment or adoption. The Board of Estimate and Apportionment will
forward its recommendations to the Common Council for amendment or
adoption of rates and a wastewater system budget.
B.
The rates shall be determined by calculating the percentage of estimated
total annual cost of the wastewater system to the estimated total
annual cost of the water system. This percentage will be applied to
the individual water bills to determine the wastewater charges. The
billing will coincide with the water billing periods and be combined
into one bill for water and wastewater. Delinquent wastewater accounts
shall be treated the same as delinquent water accounts. Outside the
City, wastewater charges shall remain a function of the individual
water billing or estimated water billing. This rate and billing system
shall apply to all users except those users determined by the Commissioner
of Public Works to have excessive strength (BOD and/or TSS) or delivery
flow characteristics which shall cause additional cost of treatment.
C.
In these cases, the Commissioner of Public Works and City Treasurer
shall develop rates for these users commensurate with the increased
cost of treatment.
D.
The charges for the wastewater system attributable to extraneous
flows (i.e., infiltration/inflow) shall be distributed among all users
of the wastewater system, based upon the flow volume of the users
as determined by their water meter readings.
The Commissioner of Public Works and City Treasurer shall review
the total annual cost of the wastewater system at least every two
years and recommend revisions to the system, as necessary, to assure
equity of the service charge system established herein and to assure
that sufficient funds are obtained to adequately operate and maintain
the wastewater system.
Each user shall be notified, at least annually, in conjunction
with a regular bill, of the rate and that portion of the user charges
which are attributable to wastewater treatment services.
In addition to any requirements contained in this chapter, the
discharge of any waters containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, to contaminate the sludge of the POTW or any of its
systems or to injure or interfere with any sewage treatment process
or to constitute a hazard in or have an adverse effect on the waters
receiving any discharge from the POTW is hereby prohibited.
Each user which discharges any toxic pollutant which causes
an increase in the cost of managing the effluent or the sludge of
the wastewater treatment works shall pay for such increased costs.
The system of charges and requirements contained in this chapter
shall take precedence over any terms or conditions of agreements or
contracts between the City and users (including industrial users,
special districts, other municipalities or state and federal agencies
or installations) which are inconsistent with Section 204(b)(1)(A)
of the Clean Water Act (33 U.S.C. § 1251 et seq., as amended)
or 40 CFR Part 35, rules and regulations.
If any provision of this chapter 389 is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.
