[R.O. 2001 § 715.010; Ord. No.
735 Art. I, 3-3-1988]
It is determined and declared to be necessary and conducive
to the protection of the public health, safety, welfare and convenience
of the City to collect charges from all users who contribute wastewater
to the City's treatment works. The proceeds of such charges so
derived will be used for the purpose of operating, maintaining and
retiring the debt for such public wastewater treatment works.
[R.O. 2001 § 715.020; Ord. No.
735 Art. II §§ 1 — 11, 3-3-1988]
Unless the context specifically indicates-otherwise, the meaning
of terms used in this Chapter shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five (5)
days at twenty degrees Centigrade (20° C.), expressed in milligrams
per liter (mg/l).
Wastewater that has a BOD concentration of not more than
three hundred (300) milligrams per liter and a suspended solids concentration
of not more than three hundred (300) milligrams per liter.
All expenditures during the useful life of the treatment
works for materials, labor, utilities and other items which are necessary
for managing and maintaining the sewage works to achieve the capacity
and performance for which such works were designed and constructed.
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. The term "operation and
maintenance" includes replacement.
Any contributor to the City's treatment works whose
lot, parcel of real estate or building is used for domestic dwelling
purposes only.
Is mandatory; MAY: Is permissive.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
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, individual systems, pumping, power and other equipment
and their appurtenances; extensions, improvement, remodeling, additions
and alterations thereof; elements essential to provide a reliable
recycled supply, such as standby treatment units and clear well facilities;
and any works, including site acquisition of the 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, temporary storage of such compost, and land
used for the storage of treated 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 in combined stormwater
and sanitary sewer systems.
The estimated period during which a treatment work will be
operated.
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 of the wastewater treatment works.
A water volume measuring and recording device furnished and/or
installed by the City of Memphis or furnished and/or installed by
a user and approved by the City of Memphis.
[R.O. 2001 § 715.030; Ord. No.
735 Art. III §§ 1 — 3, 3-3-1988]
A.
The user charge system shall generate adequate annual revenues to
pay costs of annual operation and maintenance including replacement
and costs associated with debt retirement of bonded capital associated
with financing the treatment works which the City may by ordinance
designate to be paid by the user charge system. That portion of the
total user charge which is designated for operation and maintenance
including replacement of the treatment works shall be established
by this Chapter.
B.
That portion of the total user charge collected which is designated for operation and maintenance including replacement and extension purposes as established in Section 715.040 shall be deposited in a separate non-lapsing fund known as the "Operation, Maintenance and Replacement Fund" and will be kept in two (2) primary accounts as follow:
[Ord. No. 1100, 5-3-2018]
1.
An account designated for the specific purpose of defraying
operation and maintenance costs (excluding replacement and extension)
of the treatment works (operation and maintenance account).
2.
An account designated for the specific purpose of ensuring replacement
needs over the useful life of the treatment works (replacement and
extension account). Deposits in the replacement and extension account
shall be made from the operation, maintenance and replacement revenue
in the amount of at least two thousand dollars ($2,000.00) annually,
and shall not be less than any amount specified in any applicable
USDA loan documentation regarding sewer improvement financing approved
by the City.
C.
That portion of the total user charge collected pursuant to terms
specified in any applicable USDA loan documentation approved by the
City regarding sewer improvement financing which is designated as
a reserve for said loan debt service shall be placed in a separate
fund known as the "Debt Service Reserve," which shall be equal to
ten percent (10%) of the monthly payment each month over the life
of such loan until said fund accumulates to the amount of one (1)
annual installment payment on such loan.
[Ord. No. 1100, 5-3-2018]
D.
Fiscal year-end balances in the operation and maintenance account
and the replacement account shall be carried over to the same accounts
in the subsequent fiscal year and shall be used for no other purposes
than those designated for these accounts. Monies which have been transferred
from other sources to meet temporary shortages in the Operation, Maintenance
and Replacement Fund shall be returned to their respective accounts
upon appropriate adjustment of the user charge rates for operation,
maintenance and replacement. The user charge rate(s) shall be adjusted
such that the transferred monies will be returned to their respective
accounts within the fiscal year following the fiscal year in which
the monies were borrowed.
[Ord. No. 1100, 5-3-2018]
[R.O. 2001 § 715.040; Ord. No.
735 Art. IV §§ 1 — 6, 3-3-1988; Ord. No. 864 § 1, 9-4-2003; Ord. No. 883 § 1, 5-5-2005; Ord. No. 916 § 1, 6-7-2007; Ord. No. 921 § 1, 8-2-2007; Ord. No. 961 § 1, 9-3-2009]
A.
Each user shall pay for the services provided by the City based on
his/her use of the treatment works as determined by water meters acceptable
to the City.
B.
User charges shall be based on water used during the current month.
If a commercial or industrial contributor has a consumptive use of
water, or in some other manner uses water which is not returned to
the wastewater collection system, the user charge for that contributor
may be based on wastewater meters or separate water meters installed
and maintained at the contributor's expense and in a manner acceptable
to the City.
C.
Minimum at twelve dollars and sixty-five cents ($12.65). All over
zero (0) gallons at $0.435 per hundred (100) gallons.
[Ord. No. 1096, 12-7-2017]
D.
Any user which discharges any toxic pollutants which cause an increase
in the cost of managing the effluent or the sludge from the City's
treatment works, or any user which discharges any substance which
singly or by interaction with other substances causes identifiable
increases in the cost of operation, maintenance or replacement of
the treatment works, shall pay for such increased costs. The charge
to each such user shall be as determined by the responsible plant
operating personnel and approved by the Board of Aldermen.
E.
The user charge rates established in this Section apply to all users,
regardless of their location, of the City's treatment works.
[R.O. 2001 § 715.050; Ord. No.
735 Art. V §§ 1 — 2, 3-3-1988]
A.
All users shall be billed monthly. Billings for any particular month
shall be made within thirty (30) days after the end of that month.
Payments are due when the billings are made. Any payment not received
within thirty (30) days after the billing is made shall be delinquent.
B.
A late payment penalty of ten percent (10%) of the user charge bill
will be added to each delinquent bill for each thirty (30) days of
delinquency. When any bill is thirty (30) days in default, rendition
of water and/or sewer service to such premises shall be discontinued
until such bill is paid following due notice and opportunity for hearing.
[R.O. 2001 § 715.060; Ord. No.
735 Art. VI §§ 1 — 2, 3-3-1988]
A.
The City will review the user charge system every year and revise
user charge rates as necessary to ensure that the system generates
adequate revenues to pay the costs of operation and maintenance including
replacement and that the system continues to provide for the proportional
distribution of operation and maintenance including replacement costs
among users and user classes.
B.
The City will notify each user at least annually, in conjunction
with a regular bill, of the rate being charged for operation, maintenance
including replacement of the treatment works.
