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HomeMy WebLinkAbout08282ORDINANCE NO. 8282 AN ORDINANCE AMENDING CHAPTERS 6 AND 7 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO SEWER USER CHARGES AND EXCESSIVE STRENGTH SURCHARGES AND PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1. Section 16-6-2 of Chapter 6, Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 16-6-2. Rates and charges. (a) Nonindustrial users. The wastewater charge for nonindustrial users shall be the sum of the monthly service charge and monthly sewer volume charge, computed as follows: (1) Commencing on January 1, 2007, and for each month in through December 31, 2011, each year thereafter for and in accordance with the calendar months and years indicated in the following table, the monthly service charge portion of the wastewater charge shall be assessed and charged based upon the water meter size of the water line or lines servicing the property in accordance with the following table. Commencing January 1, 2012, the monthly service charge portion of the wastewater charge shall be as established from time to time by the City Council by ordinance; provided, however, that if City Council fails at any time to do so, the monthly service charge shall remain at the then last established amount. [ TABLE 16-6-2(a)(1) March Jan 1, 2016 and 2007 to March March March March March March March March March subseque Feb 28, 2007 to 2008 to 2009 to 2010 to 2011 to 2012 to 2013 to 2014 to 2015 to nt months Year : 2007 Feb 2008 Feb 2009 Feb 2010 Feb 2011 Feb 2012 Feb 2013 Feb 2004 Feb 2015 Feb 2016 and years Meter Line Size Monthly Service Charge (in U.S. Dollars) in Inches 5/8 & 3/4 4.35 6.85 8.40 9.50 10.80 11.45 12.10 12.50 12.85 13.25 13.65 1 4.49 7.95 9.95 11.35 12.85 13.70 14.55 15.05 15.55 16.05 16.55 1½ 4.65 11.40 14.95 17.20 19.35 20.80 22.30 23.15 24.00 24.90 25.80 2 5.05 16.50 22.35 25.75 28.90 31.25 33.70 35.10 36.55 38.00 39.50 3 6.00 28.45 39.65 45.95 51.45 55.95 60.65 63.30 66.05 68.85 71.75 4 10.80 41.25 58.15 67.45 75.45 82.80 89.35 93.35 97.50 101.80 106.15 6 18.00 66.75 95.15 110.50 123.55 134.85 146.75 153.50 160.45 167.60 174.95 8 25.20 88.15 126.05 146.55 163.80 178.90 194.85 203.85 213.15 222.70 232.55 ] TABLE 16-6-2(a)(1) Jan 1, 2007 to March March March Feb 28, 2007 to Feb 2008 to Feb March 2009 2010 to Dec Jan. 1, 2011 Year : 2007 to Feb 2010 to Dec. 2011 2008 2009 2010 Meter Line Size Monthly Service Charge (in U.S. Dollars) in Inches 5/8 & 3/4 4.35 6.85 8.40 9.50 10.80 10.80 1 4.49 7.95 9.95 11.35 12.85 12.85 1½ 4.65 11.40 14.95 17.20 19.35 19.35 2 5.05 16.50 22.35 25.75 28.90 28.90 3 6.00 28.45 39.65 45.95 51.45 51.45 4 10.80 41.25 58.15 67.45 75.45 75.45 6 18.00 66.75 95.15 110.50 123.55 123.55 8 25.20 88.15 126.05 146.55 163.80 163.80 (2) Commencing on January 1, 2007, and for each month in through December 31, 2011, each year thereafter, for and in accordance with the calendar months and years indicated in the following table, the monthly sewer volume charge portion of the wastewater charge for each property with metered water service furnished and provided by the Board of Water Works shall be the amount shown in the following table for each one thousand (1,000) gallons of water furnished and supplied to the Commencing January 1, 2012, the monthly sewer volume property. charge portion of the wastewater charge for each one thousand (1,000) gallons of water shall be as established from time to time by the City Council by ordinance; provided, however, that if City Council fails at any time to do so, the monthly sewer volume charge shall remain at the then last established rate. [ TABLE 16-6-2(a)(2) Jan March March March March March March March March March March 2016 2007 2007 2008 2009 2010 2011 2012 2013 2014 2015 and to to to to to to to to to to subsequent Feb Feb Feb Feb Feb Feb Feb Feb Feb Feb months and Year : 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 years Monthly Sewer Volume Charge (in U.S. Dollars per 1000 gallons) Non- Industrial 1.48 1.56 1.96 2.22 2.52 2.70 2.80 2.90 3.00 3.05 3.12 Use ] TABLE 16-6-2(a)(2) Jan March March March March 2007 to 2007 to 2008 to 2009 to 2010 to Feb Feb Feb Feb Dec Jan. 1, 2011 Year : to Dec. 2011 2007 2008 2009 2010 2010 Monthly Sewer Volume Charge (in U.S. Dollars per 1000 gallons) Non- 1.48 1.56 1.96 2.22 2.52 2.52 Industrial Use (3) The monthly sewer volume charge shall be based upon the monthly water meter measurements and readings (or estimates thereof) of the Board of Water Works and shall be computed and billed as follows: a. The monthly sewer volume charge shall be the amount specified in Table 16-6-2(a)(2) for the applicable month and year for each one thousand (1,000) gallons of water charged and billed to the property by the Board of Water Works during its January and February monthly billing periods for said year. The term monthly billing period, as used herein, commences when a water meter is read in the prior month and ends when the water meter is read in the subsequent month of billing. b. The monthly sewer volume charge for each month from and including March 2007 through and including December 2007, and for the months of March through December each year thereafter, shall be calculated as the amount specified in Table 16- 6-2(a)(2) for the applicable month and year in dollars per one thousand (1,000) gallons multiplied by the average of the thousands of gallons of water charged and billed to the property by the Board of Water Works during the immediately preceding January and February. c. If for any reason water meter readings are not made or are delayed, the sewer volume charge shall be computed upon an estimate of water services and the actual charge therefor shall be made and apportioned upon the actual meter measurement and readings made thereafter. d. In the event a property is connected to the Board of Water Works system after February of any year or if for some other reason there is not available an average monthly sewer volume charge based upon the January-to-February billing periods or such periods in prior years, the monthly sewer volume charge shall be an amount equal to the applicable calendar year monthly rate specified in Table 16-6-2(a)(2) per one thousand (1,000) gallons of water used multiplied by five (5) per month for each residential unit served at each property. e. The sewer volume charge for each property using water not metered by the Board of Water Works shall be an amount equal to the applicable calendar year monthly rate specified in Table 16-6-2(a)(2) per one thousand (1,000) gallons of water used multiplied by five (5) per month for each residential unit served at each property or the applicable calendar year monthly rate specified in Table 16-6-2(a)(2) per one thousand (1,000) gallons of water used per month based upon the January or February monthly estimated water used or actual monthly water used, whichever would be most proportionate to all classes of users, as determined by the Director of Public Works. (b) Industrial users. (1) The wastewater charge for industrial users shall be the sum of the monthly service charge based upon the meter size and determined in accordance with Paragraph (a)(1) of this Section, and a monthly sewer volume charge. Commencing on January 1, 2007 and for each month in each year thereafter, for and in accordance with the calendar months and years indicated in the following table, the monthly sewer volume charge for industrial users shall be the amount shown in the following table for each one thousand (1,000) gallons of discharge per month based upon either actual measured discharge or upon water used after adjustment for any permitted use allowance, as determined by the Director of Public Works, plus one hundred percent (100%) of any costs incurred by the City Commencing on January in determining the amount of such discharge. 1, 2012, the monthly sewer volume charge for industrial users shall be as established by the City Council from time to time by ordinance; provided, however, that if City Council fails at any time to do so, the monthly sewer volume charge for industrial users shall remain at the then last established rate. [ TABLE 16-6-2(b)(1) Jan March March March20March20March20March20March20March20March March 2016 2007 to 2007 to 2008 to 09 to 10 to 11 to 12 to 13 to 14 to 2015 to Feb Feb Feb Feb Feb Feb Feb Feb Feb Feb and subsequent Year months and years 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Monthly Sewer Volume Charge (in U.S. Dollars per 1000 gallons) 1.48 1.56 1.96 2.22 2.52 2.70 2.80 2.90 3.00 3.05 3.12 Industrial Use ] TABLE 16-6-2(b)(1) March March March20March20 Jan 2007 2007 to 2008 to 09 to 10 to to Feb Feb Feb Feb Dec Jan. 1, 2011 to Year 2007 Dec.2011 2008 2009 2010 2010 Monthly Sewer Volume Charge (in U.S. Dollars per 1000 gallons) 1.48 1.56 1.96 2.22 2.52 2.52 Industrial Use (2) Industrial users are also subject to excessive strength surcharges as provided in Chapter 7 of this Title and all other fees and charges required of industrial users by this Title. (c) Blende Sanitation District. [ (1) Commencing on January 1, 2007 and as adjusted on March ] for each month and year 1, 2007 and March 1 of each year thereafter thereafter as indicated in the following table through December 31, , 2011, forwastewater delivered to the City’s treatment plant from Blende Sanitation District and derived exclusively from nonindustrial customers, the monthly sewer volume charge shall be the specified monthly non- industrial use rate for the applicable calendar month and year as set forth in Table 16-6-2(c) below per one thousand (1,000) gallons, together with such monthly service charges as may be provided by agreement or Commencing January 1, 2012, the resolution of the City Council. monthly sewer volume charge shall be as established by the City Council from time to time by ordinance; provided, however, that if City Council fails at any time to do so, the monthly sewer volume charge shall remain at the then last established amount. [ (2) Commencing on January 1, 2007 and as adjusted on March ] for each month and year 1, 2007, and March 1 of each year thereafter thereafter as indicated in the following table through December 31, , 2011 , for wastewater delivered to the City’s treatment plant from Blende Sanitation District and derived from industrial customers, the volume charge shall be the specified monthly industrial use rate for the applicable calendar month and year as set forth in Table 16-6-2(c) below per one thousand (1,000) gallons, together with such monthly service charges as may be provided by agreement or resolution of the City Council, and together with excessive strength surcharges as provided by Chapter 7 of Commencing on January 1, 2012, the monthly sewer this Title. volume charge for wastewater delivered by the Blende District derived from industrial customers shall be as established by the City Council from time to time by ordinance; provided, however, that if City Council fails at any time to do so, the monthly sewer volume charge shall remain at the then last established rate. [ TABLE 16-6-2(c) March 2016 Jan 2007 March and to March March March20March20March20March March20March202015 to subsequent Feb 2007 to 2008 to 09 to 10 to 11 to 2012 to 13 to 14 to Feb months and Year : 2007 2016 Feb 2008 Feb 2009 Feb 2010 Feb 2011 Feb 2012 Feb 2013 Feb 2014 Feb 2015 years per 1000 gallons) Monthly Sewer Volume Charge (in U.S. Dollars Blende Sanitation 1.10 1.34 1.61 1.79 2.00 2.10 2.20 2.26 2.32 2.38 2.44 District Non- Industrial Use Blende Sanitation 1.12 1.34 1.61 1.79 2.00 2.10 2.20 2.26 2.32 2.38 2.44 District Industrial Use ] TABLE 16-6-2(c) Jan 2007 March March March2009 March2010 Jan. 1, to 2007 to 2008 to to to 2011 to Feb Year : Dec.2011 2007 Feb 2008 Feb 2009 Feb 2010 Dec 2010 per 1000 gallons) Monthly Sewer Volume Charge (in U.S. Dollars Blende Sanitation 1.10 1.34 1.61 1.79 2.00 2.00 District Non- Industrial Use Blende Sanitation 1.12 1.34 1.61 1.79 2.00 2.00 District Industrial Use (d) Sewer users and septic haulers depositing or discharging liquid waste into the system shall be assessed wastewater charges consisting of the sum of the following components: (1) a monthly monitoring charge of one hundred seventy-eight dollars and five cents ($178.05); provided, however, that commencing on [ January 1, 2007and as adjusted on March 1 of 2007 and March 1 of each ] for each month and year thereafter as indicated in the year thereafter following table , the amount of the monitoring charge shall be the amount shown in the row for “MC”, in Table 16-7-2(b) of Chapter 7 of this Title for the applicable calendar month and year; and (2) a combined monthly sewer volume charge and excessive strength surcharge at the specified monthly rate for the applicable calendar year as set forth in Table 16-6-2(d)(2) below per one hundred (100) gallons of liquid waste deposited or discharged into the system. [ Table 16-6-2(d)(2) March 2016 and Jan 2007 March March200March March March March March March March subsequent to Feb 2007 to 8 to 2009 to 2010 to 2011 to 2012 to 2013 to 2014 to 2015 to months Year : 2007 Feb 2008 Feb 2009 Feb 2010 Feb 2011 Feb 2012 Feb 2013 Feb 2014 Feb 2015 Feb 2016 and years Septic Haulers’ Combined Monthly Sewer Volume Charge and Excessive Strength Surcharge (in U.S. Dollars per 1000 gallons) 24.60 28.20 32.60 35.60 39.00 40.60 42.30 43.25 44.25 45.25 46.26 ] Table 16-6-2(d)(2) Jan. 2016 Jan 2007 March March200March March Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, and to Feb 2007 to 8 to 2009 to 2010 to 2011 to 2012 to 2013 to 20141 to 2015 to subsequent Year : 2007 Feb 2008 Feb 2009 Feb 2010 Dec 2010 Dec.2011 Dec.2012 Dec.2013 Dec.2014 Dec.2015 years Septic Haulers’ Combined Monthly Sewer Volume Charge and Excessive Strength Surcharge (in U.S. Dollars per 1000 gallons) 24.60 28.20 32.60 35.60 39.00 39.00 39.00 39.00 39.00 39.00 39.00 (e) Airport Collection System. (1) The wastewater charges for all users connected to the Airport Collection System shall be as provided in Subsections (a) and (b) of this Section, subject to the provisions of this Subsection (e). (2) (Reserved) (3) (Reserved) (4) The wastewater charges set forth herein for users connected to the Airport Collection System shall be in addition to, and not in lieu of, any and all other charges or fees associated with or assessed to property owners or occupants of facilities located at the Pueblo Memorial Airport or the Airport Industrial Park. SECTION 2. Section 16-7-2 of Chapter 7 of Title XVI of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 16-7-2. Surcharge classification and rates. (a) Users subject to the excessive strength surcharge shall be assessed the surcharge based upon the following formula: S = Vs x 8.34 [$BOD x (BOD-225) + $SS x (SS-200)] + MC (b) The following definitions or meanings apply to the formula in paragraph (a) above: (1) “S” means the monthly excessive strength surcharge expressed in U.S. dollars. (2) “Vs” means the monthly sewage volume expressed in millions of gallons. (3) “8.34" is a constant representing the weight in pounds per gallon of water. (4) “$BOD” is the charge for BOD expressed in U.S. dollars per pound, determined in accordance with specified rate for the applicable calendar year as set forth in Table 16-7-2(b) below. (5) “BOD” means the five-day biochemical oxygen demand strength index of the user’s discharge to the system in milligrams per liter by weight as determined by the Director of Public Works. (6) “225" is a constant representing the maximum allowed BOD strength in mg/l before an excessive strength surcharge for BOD will be assessed. (7) “$SS” is the charge for total suspended solids expressed in U.S. dollars per pound, determined in accordance with the specified rate for the applicable calendar year as set forth in Table 16-7-2(b) below. (8) “SS” means the total suspended solids strength index in milligrams per liter by weight as determined by the Director of Public Works. (9) “200" is a constant representing the maximum allowed suspended solids strength in mg/l before an excessive strength surcharge for SS will be assessed. (10) “MC” means monitoring charge and is the average monthly user charge portion of costs associated with monitoring of excessive strength discharges to the system, determined in accordance with the specified rate for the applicable calendar year as set forth in Table 16-7- 2(b) below. [ TABLE 16-7-2(b) March 2016 and Jan March March March March March March March March March subsequent 2007 to 2007 to 2008 to 2009 to 2010 to 2011 to 2012 to 2013 to 2014 to 2015 to months Year: Feb 2007 Feb 2008 Feb 2009 Feb 2010 Feb 2011 Feb 2012 Feb 2013 Feb 2014 Feb 2015 Feb 2016 and years $BOD (Dollars per 0.194 0.240 0.300 0.335 0.380 0.400 0.420 0.435 0.445 0.460 0.470 pound for excess BOD) $SS (Dollars per pound for 0.134 0.150 0.165 0.180 0.190 0.195 0.205 0.205 0.210 0.215 0.216 excess SS MC (Dollars 170.00 176.30 184.20 189.50 195.50 198.30 201.30 203.00 204.75 206.55 208.35 per month) ] TABLE 16-7-2(b) Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 1, Jan. 2016 Jan March March March March 2011 to 2012 to 2013 to 2014 to 2015 to and 2007 to 2007 to 2008 to 2009 to 2010 to Dec.Dec.Dec.Dec.Dec.subsequent Year: Feb 2007 Feb 2008 Feb 2009 Feb 2010 Dec 2010 2011 2012 2013 2014 2015 years $BOD (Dollars per 0.194 0.240 0.300 0.335 0.380 0.380 0.380 0.380 0.380 0.380 0.380 pound for excess BOD) $SS (Dollars per pound for 0.134 0.150 0.165 0.180 0.190 0.190 0.190 0.190 0.190 0.190 0.190 excess SS MC (Dollars 170.00 176.30 184.20 189.50 195.50 195.50 195.50 195.50 195.50 195.50 195.50 per month) (c) All users subject to excessive strength surcharges shall have samples of their discharge collected and a test report prepared in a manner approved by the Director of Public Works at least twice annually or more frequently if so directed by the Director of Public Works. By way of illustration, and not by way of limitation, the following classes of industrial and commercial enterprises may be subject to excessive strength surcharges: malt producers, macaroni and spaghetti producers, fabricated plate works, manufacturing industries, linen suppliers, fruit and vegetable canning, ink manufacturing, printers, sugar processing, commercial or industrial laundries, hotels, restaurants, tallow rendering, corrugated box producers, steel manufacturing, meat packing, bakeries, dairy products processing, drum cleaning, pharmaceutical manufacturers, miscellaneous food manufacturers, grain mills, leather tanning, inorganic chemical manufacturers, animal fats and oil processing, and slaughterhouses. SECTION 3. This Ordinance may be enforced as provided in Sections 16-7-19, 16-7-20, 16-7- 21, 16-7-26, 16-9-13, 16-9-14 and 16-9-15 of Title XVI of the Pueblo Municipal Code, as amended, the remedies therein stated being cumulative, with the exercise of any one or more not constituting any bar or limitation to the exercise of the other. Any person found guilty of a violation of this Ordinance shall be punished as provided in Section 1- 2-1 of the Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective thirty (30) days after final passage and approval; provided, however, that the changes made in this Ordinance to sewer user rates and charges in effect on the date of final passage shall take effect on the date or dates so specified, and if not so specified, shall become effective on December 31, 2010 at 11:59 p.m. INTRODUCED: November 8, 2010 BY: Judy Weaver COUNCILPERSON PASSED AND APPROVED: November 22, 2010 Background Paper for Proposed ORDINANCE DATE: November 8, 2010AGENDA ITEM # R-2 DEPARTMENT: WASTEWATER DEPARTMENT Gene Michael, Director TITLE AN ORDINANCE AMENDING CHAPTERS 6 AND 7 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO SEWER USER CHARGES AND EXCESSIVE STRENGTH SURCHARGES AND PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS THEREOF ISSUE Should the City Council approve an ordinance amending Chapters 6 and 7 of Title XVI of the Pueblo Municipal Code relating to sewer user fees and excessive strength surcharges and providing remedies and penalties for violations thereof? RECOMMENDATION Approval of Ordinance BACKGROUND Pueblo’s Municipal Code presently requires that a review of wastewater rates be performed at least every two years to ensure that the rates generate sufficient revenue to pay the total operation and maintenance costs necessary to operate and maintain the wastewater system properly, and to ensure that the rates maintain the proportionate distribution of costs among user classes (Section 16-7-9). In accordance with this requirement, Red Oak Consulting, the Wastewater Rate Consultant of Record, reviewed the 10-year Capital Improvement Plan, the Wastewater Department’s debt service requirements, and the fund balances. The findings and recommendations from this review were presented to the City Council at work sessions on September 27, 2010 and on October 25, 2010. A copy of the recommendations from the rate review was previously distributed to City Council. The study indicated that the existing rate structure adopted by the City Council in 2006 is adequate to fund the operations of the Wastewater Department through the next year. However, the City Council has determined that current economic conditions make it inadvisable to implement the rate increase scheduled for 2011. The ordinance has therefore been revised to provide for no increase in wastewater rates for Pueblo residences and industries, and for the Blende Sanitation District in 2011. The ordinance also removed future rate increases scheduled for 2012 through 2016, and creates an opportunity for Council to make annual determinations of wastewater rates. This ordinance makes wastewater rate changes effective on January 1 of each year, rather than March 1 of each year, in order to provide adequate information about revenues for the budget preparation cycle. Further capital projects may be needed to maintain compliance with anticipated water quality regulations for nutrients. These requirements are expected to be reflected in the discharge permit that is currently scheduled for renewal in 2015. FINANCIAL IMPACT The proposed ordinance may require the City Council to make year-by-year determinations of adjustments in sanitary sewer rates, instead of using small annual adjustments to ensure that revenues keep pace with costs for operation and maintenance of the sanitary sewer system.