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HomeMy WebLinkAbout06903ORDINANCE NO. 6903 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 PENAL -TIES FOR VIOLATION 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 [total] sum of the monthly service charge and monthly sewer volume charge, computed as follows: (1) Commencing on January 1 2003 and for each month in each year thereafter for and in accordance with the calendar 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: [Meter Line Size [Monthly Service Charges in Inches in U.S. Dollars 5/8 $3.74 3/4 3.74 1 3.95 1 -1/2 4.20 2 4.80 3 6.00 4 10.80 6 18.00 8] 25.20] TABLE 16- 6- 2(a)(1) Year: 2003 2004 2005 2006 �Q7 2008 2009 2010 2011 2012 and subseauent years Meter Line Size In Inches Monthly Service Charae (in U.S. Dollars) 5/8 3.88 4.03 4.18 4.35 4.52 4.71 4.90 5.11 5.32 5.55 3/4 3.88 4.03 4.18 4.35 4.52 4.71 4.90 5.11 5.32 5.5 1 4.07 4.20 4.34 . 4.49 4.64 4.80 4.98 5.16 5.35 5.55 1 -1/2 4.30 4.41 4.53 4.65 4.78 4.92 5.07 6.22 5.38 5.55 2 4.86 49 ,2 4.98 5.05 5.12 5.20 5.28 5.37 5.46 5.55 3 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 4 10.80 10_80 10_80 10.80 10_80 10.80 10.80 10.80 10.80 10_80 6 18.00 18.00 18.00 18_00 18_00 18_00 18.00 18.00 18.00 18_00 $ 25_20 2520 25_20 25.20 25.20 25.20 25_20 25_20 25_20 25_20 (2) Commencing on January 1, 2003, and for each month in each year thereafter. for and in accordance with the cale years indicated in the following table. MIhe 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 [one dollar and fifteen cents ($1.15)] the amount shown in the following_table for each one thousand (1,000) gallons of water furnished and supplied to the property[.]_ TABLE 16- 6- 2(a)(2) 2012 and subsequent Year: 2003 2004 2005 2M 2007 2008 2009 2010 �� years Monthly Sewer Volume Charge (in U.S. Dollars) Non - Industrial Use (De 100 allons 1.23 1.31 139 1.48 1.57 1.67 1.78 1.89 2.01 2.13 (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. For the months of January and February [1988] 2003 and for the months of January and February of each year thereafter, the monthly sewer volume charge shall be [one dollar and fifteen cents ($1.15)] the amount specified in Table 16- 6- 2(aa)(2) for the applicable 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 [1988] 2003 through and including December [1988] 2003 and for the months of March through December each year thereafter, shall be the average of the monthly sewer volume charges made for 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 [subsequent years] Prior years the monthly sewer volume charge shall be [equivalent to five dollars and seventy-five cents ($5.75)] 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 [equivalent to five dollars and seventy -five cents ($5.75)] 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 [one dollar and fifteen cents ($1.15)] 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. W The wastewater charge for industrial users shall be the [total] 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. 2003 and for each month in each year thereafter, for and in accordance with the calendar 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 [of one dollar and fifteen cents ($1.15) per] 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 in determining the amount of such discharge. TABLE 16- 6- 2(b)(1) 2012 and Year: subsequent 2003 2004 2005 2006 2007 2008 2009 1 2011 years Monthly Sewer Volume Charae (in U.S. Dollars) Industrial se er 1000 allons 1.23 1.31 1.39 1.48 1.57 1.67 1.78 1.89 2.01 2.13 (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. 2003 and as adjusted on January 1 of each year thereafter, [F]for wastewater delivered to the City's treatment plant from Blende Sanitation District and derived exclusively from nonindustrial customers, the monthly sewer volume charge shall be [eighty-five cents ($0.85)] the specified monthly non - industrial use rate for the applicable calendar 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. (2) Commencing on January 1, 2003 and as adjusted on January 1 of each year thereafter, [F]for wastewater delivered to the City's treatment plant from Blende Sanitation District and derived from industrial customers, the volume charge shall be [eighty -nine cents ($0.89)] the specified monthly industrial use rate for the applicable calendar 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 this Title. TABLE 16- 6 -2(c) (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: u a monthly service charge at the specified monthly rate for the applicable calendar year as set forth in Table 16- 6- 2(d)(1) below: and 2012 and Year: subsequent 2003 2004 2005 2006 2007 2008 2009 2010 2011 years Monthly Sewer Volume Charge (in U.S. Dollars) Blende Sanitation District Non - Industrial Use (Pe 1000 allons 0.91 0.97 1.03 1.10 117 1.24 1.32 1.40 1.49 1.58 Blende Sanitation District Industrial Use (Pe 1 . 000 allons 0.94 1.00 1.06 L. 1.19 1.26 1.33 1.41 1.49 1.58 (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: u a monthly service charge at the specified monthly rate for the applicable calendar year as set forth in Table 16- 6- 2(d)(1) below: and TABLE 16- 6- 2(d)(1) Year: 2012 and 2003 2004 2005 2006 2007 2008 2009 2010 2011 subsequent years Monthly Sewer Volume Charae (in U.S. Dollars) 1.88 4.03 4.18 4.35 4.52 4.71 4.90 5.11 5.32 5.55 u a combined monthly sewer volume charge and excessive strength surcharge [of two dollars and seventeen cents ($2.17)] 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; and TABLE 16- 6- 2(d)(2) Year: 2012 and subseauent 2003 2004 2005 2006 2007 2008 2009 2010 2011 years Combined Monthly Sewer Volume Charae and Excess Strenath Surcharge (in U.S. Dollars) Septic Hauler (p er 100 g allonsl 2.24 2.31 2.38 2.46 2.54 2.63 2.72 2.82 2.92 3.03 () [together with] a monthly monitoring fee of one hundred thirty -eight dollars ($138.00) [for each billing period] ;i)rovided, however, that commencing on January 1, 2003, and as adiust on January 1 of each year thereafter, the amount of the monitoring fee 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 year (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 [$0.1554 x (BOD -225) + $0.1260 x (SS -200)] + MC] S = Vs x 8.34 f$BOD x (BOD -225) + $SS x (SS -200)1 + 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) Ws" means the monthly sewage volume expressed in millions of gallons. water. (3) "8.34" is a constant representing the weight in pounds per gallon of (4) [ "$0.1554 "] "$BOD" is the charge for BOD expressed in U.S. dollars per pound determined in accordance with specified rate for the applicable calendar vear 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 /I before an excessive strength surcharge for BOD will be assessed. (7) [ "$0.1260 "] "$ 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 /I before an excessive strength surcharge for SS will be assessed. (10) "MC" [shall be $138.00 which represents] 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) Lc) 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, 2002 at 11:59 p.m. 2012 and subsequent years Year: 2003 2004 2005 2006 2007 2008 2009 2010 2011 $BOD (Dollars per pound for excess BOD) 0.164 0.173 0.183 0.194 0.205 0.216 0.228 0.241 0.255 0.269 $SS (Dollars per pound for excess TSS 0.128 0.130 0.132 0.134 0.136 0.139 0.141 0.144 0.147 0.150 MC (Dollars per month) 145.00 153.00 161.00 170.00 179.00 188.00 198.00 209.00 220.00 232.00 Lc) 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, 2002 at 11:59 p.m. INTRODUCED October 28, 2002 L-l'1 Councilperson APPROVED: resident of City Council ATTEST: City C PASSED AND APPROVED: November 11. 2002