[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50, Sewer Authority, of the West Haven Code) is hereby repealed.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.
A.Â
ACT or THE ACT
BIOCHEMICAL OXYGEN DEMAND (BOD)
CAPITAL COSTS
CATEGORICAL STANDARDS
CITY
CITY ATTORNEY
CITY COUNCIL
CITY ENGINEER
COMBINED SEWER
COMMERCIAL USER
COMMISSIONER
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE
CONSTRUCT A SEWERAGE SYSTEM
COOLING WATER
CUSTOMERS
DIRECTOR OF FINANCE
DIRECTOR OF HEALTH
DIRECTOR OF PUBLIC WORKS
DOMESTIC SEWAGE
EQUIVALENT UNIT
GOVERNMENTAL USER
GRAB SAMPLE
GROSS REVENUES
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
INDUSTRIAL USER
INDUSTRIAL WASTEWATER
INSTITUTIONAL USER
MAYOR
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
NORMAL DOMESTIC WASTEWATER
OPERATING REVENUES
OPERATION AND MAINTENANCE
PERMITTEE or PERMIT HOLDER
PERSON
pH
PRETREATMENT or TREATMENT
PRODUCER
PUBLIC SEWER
REPLACEMENT
RESIDENTIAL DWELLING UNIT
RESIDENTIAL USER
SANITARY SEWER
SEPTAGE
SEWAGE
SEWAGE SYSTEM
SEWERAGE SYSTEM USE CHARGES
SEWER STAFF
STORM SEWER
SUSPENDED SOLIDS
TOXIC POLLUTANT
TREATMENT WORKS
USEFUL LIFE
USER
USER CHARGE
USER CHARGE CAPITAL FUND
USER CHARGE OPERATING FUND
UTILITIES
WASTEWATER
WASTEWATER TREATMENT FACILITY
WATERCOURSE
WATER METER
WATER POLLUTION CONTROL ADMINISTRATOR (WPCA)
WPCC
For the purpose of this chapter, the following words and terms shall
have the following meanings:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
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.
Debt service and other related expenditures needed to obtain
funds to acquire and construct wastewater treatment facilities.
National Categorical Pretreatment Standards or pretreatment
standards.
The City of West Haven or its authorized representative.
The Corporation Counsel, his deputies and assistants.
The duly elected legislative body in West Haven.
The City Engineer of the City of West Haven.
A sewer intended to receive both sewage and storm- and surface
water.
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.
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.
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.
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.
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.
The Director of Finance of the City of West Haven.
The Director of Health for the City of West Haven.
The Director of Public Works of the City of West Haven.
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.
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]
Establishments with legislative, judicial, administrative
and regulatory activities of federal, state and local governments
which discharge waste to the wastewater treatment facilities.
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.
All revenues of the WPCC, regardless of source, except for
federal and state grants.
Any waste from holding tanks, such as vessels, chemical toilets,
campers, trailers and septage hauling trucks.
All pollutants other than compatible pollutants as defined
above.
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.
All wastewater from industrial processes, trades or businesses,
commercial laundry wastewater or blowdown from heating and cooling
equipment (is distinct from residential sewage).
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.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
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]
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.
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.
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.
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.
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.
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).
Any contributor to the city's treatment works whose
lot, parcel or real estate or building is used for domestic dwelling
purposes only.
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.
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.")
The charges and fees established under this chapter for discharging
wastewater and sewage into the sewerage system. (See "user charge.")
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.
A sewer which collects and conveys stormwater or groundwater.
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.
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.
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.
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.
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.
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.
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."
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.
A water volume measuring and recording device, furnished
and/or installed by a user and approved by the South Central Connecticut
Regional Water Authority.
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.
B.Â
"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.
A.Â
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.
B.Â
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.
A.Â
Capital Fund.
(1)Â
The gross revenues of the Capital Fund shall be applied as follows:
(a)Â
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.
(b)Â
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.
(c)Â
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.
(d)Â
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.
(e)Â
The fifth call on gross revenues shall be to fund a reserve
for future capital projects.
B.Â
Operating Fund.
(1)Â
The gross revenues of the Operating Fund shall be applied as follows:
(a)Â
The first call on gross revenues shall be to satisfy all current
and accrued operation, maintenance and administrative expenses.
(b)Â
The second call on gross revenues shall be to fund a reserve
for repair and replacement.
(c)Â
The third call on gross revenues shall be to fund a reserve
for operating contingencies.
(2)Â
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.
(3)Â
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]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.