[Amended 12-27-1993 by Ord. No. 335]
There is hereby created a Commission to be designated and known as the "Water Pollution Control Commission of the City of West Haven," hereinafter referred to as the "WPCC." The purpose for which the Commission is hereby created is to develop, approve and aid in the implementation of a user charge system as herein defined to provide for a fair and equitable distribution of cost to the users of the city's wastewater collection and treatment facilities and to assure provision of the necessary funding for the proper operation and maintenance of the city's wastewater collection and treatment facilities.
The ordinance creating the existing Sewer Authority (Chapter 50, Sewer Authority, of the West Haven Code) is hereby repealed. The existing Sewer Commission shall also be disbanded. The governing body shall be the Water Pollution Control Commission as established in this chapter. The WPCC shall have all of the powers and duties as established herein.
For the purpose of this chapter, the following words and terms shall have the following meanings:
- ACT or THE ACT
- The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The amount of oxygen required by bacteria while stabilizing decomposable organic matter under aerobic conditions for five days. The determination of BOD shall be performed in accordance with the procedures prescribed in the latest edition of Standard Methods of the Examination of Water and Wastewater as published by joint committee of ASCE, WEF and AWWA.
- CAPITAL COSTS
- Debt service and other related expenditures needed to obtain funds to acquire and construct wastewater treatment facilities.
- CATEGORICAL STANDARDS
- National Categorical Pretreatment Standards or pretreatment standards.
- The City of West Haven or its authorized representative.
- CITY ATTORNEY
- The Corporation Counsel, his deputies and assistants.
- CITY COUNCIL
- The duly elected legislative body in West Haven.
- CITY ENGINEER
- The City Engineer of the City of West Haven.
- COMBINED SEWER
- A sewer intended to receive both sewage and storm- and surface water.
- COMMERCIAL USER
- Any business or establishment which does not meet the definition of residential, institutional or industrial user herein and which is connected to the wastewater treatment facility, including but not limited to retail stores, restaurants, office buildings, laundries and other private business and service establishments.
- The Commissioner of Environmental Protection for the State of Connecticut.
- COMPATIBLE POLLUTANT
- Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus any additional pollutants identified in the wastewater treatment facility's NPDES permit, where the wastewater treatment facility is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the NPDES permit.
- COMPOSITE SAMPLE
- A mixture of aliquot samples obtained at regular intervals over a time period. The volume of each aliquot is proportional to the discharge flow rate for the sampling interval. The minimum time period for composite sampling shall be four hours.
- CONSTRUCT A SEWERAGE SYSTEM
- The acquisition of land, easements, rights-of-way or any other real or personal property or any interest therein and the planning, construction, reconstruction, equipping, extension and enlargement of all or any part of a sewerage system.
- COOLING WATER
- Process water, in general, used for cooling purposes to which the only pollutant added is heat and which has such characteristics that it may be discharged to a natural outlet in accordance with federal and state laws and regulations.
- Any and all contributors of wastewater to the sewer system, including the City of West Haven and the Town of Orange.
- DIRECTOR OF FINANCE
- The Director of Finance of the City of West Haven.
- DIRECTOR OF HEALTH
- The Director of Health for the City of West Haven.
- DIRECTOR OF PUBLIC WORKS
- The Director of Public Works of the City of West Haven.
- DOMESTIC SEWAGE
- Sewage that consists of water and human excretions or other water borne wastes incidental to the occupancy of a residential building, such as kitchen or laundry facilities.
- EQUIVALENT UNIT
- A single-family house is one equivalent unit. For a two-family
and multiple-family house and building, one "equivalent unit" is assigned
for each dwelling unit irrespective of the number of bedrooms in each
dwelling unit.[Added 12-27-1993 by Ord. No. 335]
- GOVERNMENTAL USER
- Establishments with legislative, judicial, administrative and regulatory activities of federal, state and local governments which discharge waste to the wastewater treatment facilities.
- GRAB SAMPLE
- A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste and without consideration of time.
- GROSS REVENUES
- All revenues of the WPCC, regardless of source, except for federal and state grants.
- HOLDING TANK WASTE
- Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers and septage hauling trucks.
- INCOMPATIBLE POLLUTANT
- All pollutants other than compatible pollutants as defined above.
- INDUSTRIAL USER
- Any plant, establishment or industry identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: Division A, Agriculture, Forestry and Fishing; Division B, Mining; Division D, Manufacturing; Division E, Transportation, Communications, Electric, Gas, and Sanitary; and Division I, Services, which discharges industrial wastewater resulting from a process or manufacturing operation into the wastewater treatment facilities, whether or not such wastewater is segregated from or combined with domestic wastewater from the plant, establishment or industry.
- INDUSTRIAL WASTEWATER
- All wastewater from industrial processes, trades or businesses, commercial laundry wastewater or blowdown from heating and cooling equipment (is distinct from residential sewage).
- INSTITUTIONAL USER
- That class of users not meeting the definition of residential, commercial or industrial users and meeting the criteria for nonprofit tax-exempt status, which are connected to the wastewater treatment facilities, including but not limited to schools, churches, hospitals, nursing homes, penal institutions and all municipally owned structures.
- The chief administrative official of the City of West Haven designated by popular election.
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
- A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
- NORMAL DOMESTIC WASTEWATER
- Wastewater that has a BOD concentration of not more than
250 milligrams per liter, a suspended solids concentration of not
more than 250 milligrams per liter and a total oil and grease concentration
of not more than 100 milligrams per liter.[Amended 8-26-1998 by Ord. No. 371]
- OPERATING REVENUES
- All gross revenues with the exception of sewerage system use charges, connection charges or benefit assessment charges that are specifically earmarked for the retirement of debt obligations secured solely by such charges. Operating revenues are dedicated to fund ongoing operation, maintenance and renewal/replacement costs of the system.
- OPERATION AND MAINTENANCE
- Those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and which such works were designed and constructed. The term "operation and maintenance" includes replacement as defined in this chapter.
- PERMITTEE or PERMIT HOLDER
- Any person, firm, association, corporation or trust which owns, operates, possesses or controls an establishment or plant being operated under a valid industrial waste permit to discharge wastewater into the city's sanitary sewer system.
- Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or legal representatives, agents or assigns. The masculine gender shall include the feminine, and singular shall include the plural, where indicated by context.
- The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
- PRETREATMENT or TREATMENT
- The reduction of the amount of pollutants or the alteration of the nature of pollutant properties in wastewater to a less detrimental state prior to or in lieu of discharging or otherwise introducing such pollutants into a wastewater treatment facility. The reduction or alteration can be obtained by physical, chemical or biological processes, except as prohibited by Title 40, Code of Federal Regulations, Section 403.6(d).
- Any person, firm, association, corporation or trust which owns, operates, possesses or controls an establishment or plant, whether or not a permittee.
- PUBLIC SEWER
- A common sewer controlled by a governmental agency or public utility.
- 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.
- RESIDENTIAL DWELLING UNIT
- Any property unit or subunit intended to shelter a separate and distinct household (i.e., single-family homes and individual apartments, condominiums and duplex units).
- RESIDENTIAL USER
- Any contributor to the city's treatment works whose lot, parcel or real estate or building is used for domestic dwelling purposes only.
- SANITARY SEWER
- A sewer which collects and conveys domestic sewage from residences, public buildings, commercial establishments, industries and institutions. It may also collect and convey permitted industrial wastewater.
- The liquids and solids which are removed from a tank used to treat domestic sewage.
- Human and animal excretions and all domestic and such manufacturing wastes as may tend to be detrimental to the public health. "Sewage" includes any substance, liquid or solids, which may contaminate or pollute or affect the cleanliness or purity of any water.
- SEWAGE SYSTEM
- Any device, equipment, appurtenance, facility or method for collecting, transporting, receiving, treating, disposing or discharging of sewage, including, without limitation, building sewers, public sewers, sanitary sewers and wastewater treatment facilities. (See "treatment works.")
- SEWERAGE SYSTEM USE CHARGES
- The charges and fees established under this chapter for discharging wastewater and sewage into the sewerage system. (See "user charge.")
- SEWER STAFF
- The group of employees engaged by the city to administer, operate and maintain the city's wastewater treatment facility under the supervision of the Director of Public Works.
- STORM SEWER
- A sewer which collects and conveys stormwater or groundwater.
- SUSPENDED SOLIDS
- The solid matter, measured in milligrams per liter, which may be in suspension, floatable or settleable and is removed by laboratory filtering as prescribed in the latest edition of Standard Methods for Examination of Water and Wastewater.
- TOXIC POLLUTANT
- Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Act or other acts.
- TREATMENT WORKS
- Any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers; outfall sewers; sewage collection systems; pumping, power and other equipment and their appurtenances; the extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable system, such as standby treatment units; and any works, including site acquisition of land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, the temporary storage of such compost and land used for the storage of treatment wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste combined in the sanitary systems.
- USEFUL LIFE
- The estimated period during which a treatment works will be operated.
- Any person who contributes, causes or permits the contribution of sewage into the city sewer system.
- USER CHARGE
- That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement.
- USER CHARGE CAPITAL FUND
- The Capital Fund derived from the user charge system of the City of West Haven, established and maintained to account for all revenues and expenditures relating to Capital Improvement Program projects for the wastewater treatment facility.
- USER CHARGE OPERATING FUND
- The Operating Fund derived from the user charge system of the City of West Haven, established and maintained to account for all revenues and expenditures relating to the ongoing operation and maintenance, administration and renewal/replacement of major components for the wastewater treatment facility.
- The pipes or conduit or the materials these pipes or conduits are intended to carry.
- See "sewage."
- WASTEWATER TREATMENT FACILITY
- An arrangement of devices for the collection and treatment of sewage and sludge. (See "treatment works.")
- A natural or artificial channel for the passage of water either continuously or intermittently.
- WATER METER
- A water volume measuring and recording device, furnished and/or installed by a user and approved by the South Central Connecticut Regional Water Authority.
- WATER POLLUTION CONTROL ADMINISTRATOR (WPCA)
- The WPCC's policy and procedures administrator according to the duties assigned to him/her herein.
- The Water Pollution Control Commission of the City of West Haven, as designated by this chapter.
"May" is permissive; "shall" is mandatory.
[Amended 1-25-1993 by Ord. No. 323; 1-25-1993 by Ord. No. 324]
The WPCC shall consist of 10 members. They shall include the City Engineer, the City Attorney, the Director of Finance, the Director of Public Works, one member of the City Council appointed by the Council Chairman and five at-large members appointed by the Mayor. Each December, at the regularly scheduled meeting of the Water Pollution Control Commission, the Commission shall by majority vote establish a calendar of regular meetings for the following 12 months. The number and frequency of said meetings shall be within the discretion of the Commission, provided that said Commission shall have at least one regular meeting within the months of January, February, March, April, May, June, November and December. Nothing herein shall limit the ability of the Commission to hold or schedule more regular meetings and nothing herein shall prohibit the Commission from holding special meetings as it deems appropriate. Said special meetings shall be called by the Chairman of the Commission or the Mayor upon giving of 24 hours' written notice and the filing of an agenda of special meeting with City Clerk's Office at least 24 hours prior to the commencement of said meeting. All at-large members of the WPCC will have the right to vote. The City Engineer, the City Attorney, the Director of Finance, the Director of Public Works and the appointed member of the City Council shall serve ex officio. Any meeting at which four of the at-large members are present shall constitute a quorum for conducting business. At-large members of the WPCC shall be residents of the City of West Haven. The Mayor shall appoint two alternate members who shall be at-large members eligible to vote in place of an appointed at-large member at any regular or special meeting of the Commission at which an appointed at-large member is not present. The alternates shall be designated "First Alternate" and "Second Alternate" and shall assume the position of the absentee at-large member(s) in that order.
City officials who are members of the WPCC shall retain this responsibility throughout their tenure as city officials. At-large members of the WPCC shall be appointed for terms of two years, and their terms shall coincide with that of the Mayor. Each member shall serve until appointment of his/her successor.
The officers of the WPCC shall be a Chairman and Vice Chairman, who shall be at-large members of the WPCC. Officers shall be elected by the WPCC for one-year terms commencing on the first day of each January.
No action shall be taken except by the affirmative vote of a majority of those in attendance and eligible to vote.
The at-large members and officers of the WPCC shall serve without compensation.
[Amended 12-27-1993 by Ord. No. 335]
The Mayor shall appoint an Administrator whose duties shall be to act as a liaison between the WPCC, City Council, Department of Public Works, Department of Environmental Protection, office of the Tax Collector, Director of Finance and the Mayor's office. This individual shall work with all of the foregoing to ensure compliance with state and federal regulations and compliance with billing procedures established by this chapter and to ensure proper communication between all affected city and state departments so as to promote the environmentally sound operations and maintenance of the city's sewage treatment facilities. This individual may be an entity, organization, corporation or partnership acting in this capacity. The Water Pollution Control Administrator shall also assist the Director of Public Works in the formulation of the annual budget and strategic plan.
No member or officer of the WPCC or any corporation partnership or firm in which such member or officer shall have a financial interest, direct or indirect, shall do business with the City of West Haven's sewage treatment facility or have any financial interest, direct or indirect, in any business transacted by the City of West Haven as it relates to the sewage treatment facility or user charge system.
Any member of the WPCC may be removed by the Mayor for cause.
The User Charge Operating and Capital Funds shall be audited annually by an independent certified public accountant firm in conjunction with the city's annual independent audit.
User Charge Operating Fund. There is hereby established a WPCA User Charge Operating Fund. This fund will be used to account for the operation, maintenance, administration and repair/replacement costs of the sewage system. Operating Fund revenues shall be derived from user charges based upon a proportionate sharing of sewage system operation, maintenance, administration and repair/replacement costs among all system users, as well as incidental revenues.
User Charge Capital Fund. There is hereby established a User Charge Capital Fund. This fund will be used to account for payment of principal and interest on bonds, notes or other legal debt instruments of the city issued for the construction of sewage facilities. Revenues for the Capital Fund shall be derived from charges levied on system users based on a proportionate sharing of capital costs incurred for purposes of construction of wastewater treatment facilities.
The accounts and records of the Operating and Capital Funds shall be maintained under enterprise fund accounting, a self-sustaining activity as described by state law and generally accepted accounting principles.
The gross revenues of the Capital Fund shall be applied as follows:
The first call on gross revenues shall be applied to the payment of all bonds, notes or other legal debt instruments secured solely by a pledge of sewerage system use charges.
The second call on gross revenues shall be to satisfy the next annual payment of principal and interest on any outstanding debt of the city issued after the adoption of this chapter, for purposes of the sewage system, to include all bonds, notes or other legal debt instruments.
The third call on gross revenues shall pay debt service on general obligation debts of the city incurred for sewage purposes prior to the adoption of this chapter, to the extent budgeted.
The fourth call on gross revenues shall pay debt on services on general obligation debts of the city incurred pursuant to implementation of the stipulated judgment granted by the Superior Court of Hartford on June 1, 1990, such debts being incurred either prior or subsequent to the adoption of this chapter, to the extent budgeted.
The fifth call on gross revenues shall be to fund a reserve for future capital projects.
The gross revenues of the Operating Fund shall be applied as follows:
The first call on gross revenues shall be to satisfy all current and accrued operation, maintenance and administrative expenses.
The second call on gross revenues shall be to fund a reserve for repair and replacement.
The third call on gross revenues shall be to fund a reserve for operating contingencies.
If there exist Operating Fund revenues in excess of Subsection B(1)(a) through (c) above remaining at the end of the year, the WPCC may recommend that they shall be used for one or more of the following purposes: rate relief in the subsequent fiscal year, purchase of capital assets or any other legal purpose specified by the WPCC. Approval for disposition of excess Operating Fund revenues shall be made by the City Council.
Any Operating Fund deficit net of receivables remaining at the end of the fiscal year shall be added to the cost of service for the following year and recovered through rates and charges for sewer service.
[Amended 12-27-1993 by Ord. No. 335]
At the regularly scheduled meeting in February of each year the Director of Public Works and the WPCC Administrator shall submit, either jointly or separately, their estimates for expenditures for the coming year. Said estimates shall be in the form prescribed by the Mayor pursuant to Article XXII, § C22-1, of the City Charter.
Not later than the third Thursday in March, the Mayor shall submit to the WPCC a proposed budget for the operation and maintenance of the West Haven water pollution control facility and include therewith a request for that portion of the proposed budget revenues to be raised by the user charge and the amount of said user charge.
Not later than the first Thursday in April, the WPCC shall hold a public hearing on the proposed charge, which hearing may be joint with the City Council or any committee thereof.
No later than the third Thursday in April, the WPCC shall vote to adopt, deny or adopt with modification the Mayor's proposed budget as it relates to the water pollution control facilities of the City of West Haven. Failure to so act shall deem the budget as submitted to be approved.
Not later than the 30th of April of each year, the WPCC shall submit to the City Council its proposed user charge. The Council shall then act on the proposed user charge in accordance with its duties under Article XXII, § C22-4, of the Charter of the City of West Haven.
The Director of Public Works shall prepare an annual strategic plan to be presented to the WPCC. This plan will outline the strategic direction to be followed by the city to provide for the efficient and cost-effective operation of the sewer system. The plan will include a five-year projection of revenues and operations and maintenance expenses. The plan will also include a projected five-year capital improvement program for the system detailing the anticipated amount and source(s) of required capital funding.
Charges for sanitary sewer services furnished by the city for commercial, residential, industrial and institutional users shall be established by the City Council and periodically reviewed by the WPCC as set forth in this chapter. Such charges shall reflect the proportional distribution of costs among all users. "Cost" refers to all costs for operations, maintenance, administration and repair/replacement of the sewer system, including the wastewater treatment facility.
Separate charges may be levied on all users of the wastewater system to recover their proportionate share of capital costs incurred for the purpose of the acquisition or construction of wastewater treatment facilities.
The city shall bill customers for sanitary sewer and other services provided based on the following: a user charge for all users as set forth in Article III, User Charge System, of this chapter; other fees as may be deemed appropriate by the WPCC and authorized by the City Council. Such fees may be established as provided herein.
Charges to the Town of Orange shall be in accordance with the requirements of the intertown agreement between the City of West Haven and the Town of Orange.
The WPCC shall have the right to recommend discontinuance of sanitary sewer service to any person discharging into the sanitary sewers of the city who fails or refuses to make timely payment of the sewer charges for which he is billed. The basis under which service is discontinued shall be determined by the WPCC. Such recommendation is to be submitted in writing to the Chairman of the City Council, who shall present it to the Council in accordance with the rules of the City Council.
The following reports, Section 12 Annual Audit, Section 17 Annual Budget and Section 18 Annual Strategic Plan, will be required to be submitted to the City Clerk's office for the Council's review.
[Amended 2-8-1993 by Ord. No. 325]
Upon the effective date, the Director of Finance shall have established, in accordance with statutes and this chapter, the User Charge Operating Fund and the User Charge Capital Fund. The Director of Finance shall then have deposited in the appropriate accounts the funds appropriated in the 1992-1993 budget that are designated for this purpose. The Director of Finance shall similarly have deposited funds necessary to operate the wastewater treatment facilities for the fiscal year 1993 – 1994.
[Added 12-27-1993 by Ord. No. 335]
In the event that the city desires to raise capital which is to be secured in whole or in part by the User Charge Operating Fund, any reserve fund created hereunder or in anticipation of revenues to be collected under this chapter, then said proposed action must be approved by a majority of the members of the WPCC present and eligible to vote at a regular or special meeting called for that purpose. Any proposed use of funds from either the user charge operating fund or any reserve account created hereunder not approved as part of the annual budget will require similar approval of the WPCC.