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.