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HomeMy WebLinkAbout3565-06/27/1988 ORDINANCE NO. 3565 AN ORDINANCE AMENDING THE 1988 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SUBSECTION 34-28 , DEFINITIONS, AND SUBSECTION 34-43 , DETERMINATION OF RATES AND CHARGES, OF CHAPTER 34 , UTILITIES; AND BY ENACTING IN LIEU THEREOF A NEW SUBSECTION 34-28 , DEFINITIONS, AND NEW SUBSECTION 34-43 , DETERMINATION OF RATES AND CHARGES, OF CHAPTER 34 , UTILITIES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Subsection 34-28 , Definitions, and Subsection 34-43 , Determination of Rates and Charges, of Chapter 34 , Utilities , of the 1988 Code of Ordinances of the City of Waterloo, Iowa, are hereby repealed in their entirety; that new Subsection 34-28 , Definitions, and Subsection 34-43 , Determination of Rates and Charges of Chapter 34 , Utilities, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows: Sec. 34-28 . Definitions. Unless the context specifically indicates otherwise, the following terms and phrases , as sued in this article, shall have the meanings hereinafter designated: (a) Act or the act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 , et seq. (b) Approval authority. The Director of the Department of Water, Air and Waste Management of the State of Iowa. (c) Authorized representatives of industrial user. An authorized representative of an industrial user may be: ( 1) Any individual designated by the industrial user to act on their behalf; or ( 2 ) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation; or ( 3 ) A general partner or proprietor, if the industrial user is a partnership or proprietorship respectively. A duly authorized representative is responsible for the overall operation of the facilities from which the indirect discharge originates. (d) Biochemical oxygen demand (BOD) . The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five ( 5 ) days at twenty ( 20 ) degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/1) ) . (e) Building sewer. A sewer conveying waste water from the premises of a user to the POTW. (f) Categorical standards. National categorical pretreatment standards or pretreatment standard. (g) City. The City of Waterloo or the City Council of Waterloo. BOOK. i.o981 PAGE 165 Ordinance No. 3565 Page 2 (h) Cooling water. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat. (i) Control authority. The term "control authority" shall refer to the "approval authority" defined hereinabove; or the "superintendent" if the city has an approved pretreatment program under the provisions of 40 CFR 403 . 11. (j ) Direct discharge. The discharge of treated or untreated waste water directly to the waters of the State of Iowa. (k) Dwelling unit. A housing unit with kitchen facilities that connect to the POTW by a building sewer or by a combination of dwelling units connected to one building sewer prior to discharge to the POTW. ( 1) Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency. (m) Grab sample. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time. (n) Holding tank waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. (o) Indirect discharge. The discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the act ( 33 U.S.C. 1317) into the POTW ( including holding tank waste discharge into the system) . (p) Industrial user. A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to section 402 of the Act ( 33 U.S.C. 1342) . (q) Interference. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City' s NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act ( 33 U.S.C. 1345) , or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) , the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria ( including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. (r) National categorical pretreatment standard or pretreatment standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act ( 33 U.S.C. 1347) which applies to a specific category of industrial users. (s) National pollution discharge elimination system or NPDES permit. A permit issued pursuant to Section 402 of the Act ( 33 U.S.C. 1342 ) . (t) National prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of 307(b) of the Act and 40 CFR Section 403 . 5 . Ordinance No. 3565 Page 3 (u) New source. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) ( 33 U.S.C. 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty ( 120) days of proposal in the Federal Register. Where the standard is promulgated later than one hundred twenty ( 120 ) days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard. (v) Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents, or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context. (w) pH. The logarithm of the reciprocal of the hydrogen ion concentration or activity in moles per liter. (x) Pollutant. Any dredged spoil, solid, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical wastes, biological materials, radioactive materials, rock, sand, cellar dirt or industrial, municipal and agricultural waste discharged into water. (y) Pretreatment or treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in waste water to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR, Section 403 .6(d) . (z) Publicly owned treatment works (POTW) . A treatment works as defined by Section 212 of the Act, ( 33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any sewers that convey waste water to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, "POTW" shall also include any sewers that convey waste waters to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City' s POTW. (aa) POTW treatment plant. That portion of the POTW designed to provide treatment to waste water. (bb) Shall is mandatory; may is permissive. (cc) Significant industrial user. Any industrial user of the city' s waste water disposal system who: ( 1) Has as discharge flow of twenty-five thousand ( 25,000) gallons or more per average work day; or ( 2) Has a flow greater than five ( 5) percent of the flow in the City' s waste water treatment system; or ( 3 ) Has in his wastes toxic pollutants as defined by state statutes and rules; or (4) Is found by the City, Iowa Department of Environmental Quality, or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the waste water treatment system, the quality of sludge, the system' s effluent quality of air emissions generated by the system. BOOK 281 FACE 167 Ordinance No. 3565 Page 4 (dd) State. State of Iowa. (ee) Standard industrial classification (SIC) . A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. (ff) Storm water. Any flow occurring during or following any form of natural precipitation and resulting therefrom. (gg) Suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, waste water or other liquids, and which is removable by laboratory filtering. (hh) Superintendent. The person designated by the City to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative. (ii) Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other acts. ( jj ) User. Any person who contributes, causes or permits the contribution of waste water into City' s POTW. (kk) Waste water. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water, and storm water that may be present, whether treated or untreated, which is contributed to or permitted to enter the POTW. Sec. 34-43 . Determination of rates and charges. Each and every lot, parcel of real estate, building, premises or dwelling unit situated within or without the City that is connected with and uses the sewer outlet and purifying plant of the City, by or through any part of the sewage system of the City, or that in any way uses or is served by a sewer outlet and the purifying plant or otherwise discharges sanitary sewage, industrial waste, water or other liquid, either directly or indirectly, into the sewerage system of the City, shall pay a service charge, rate or rental to the City in accordance with the following schedule: ( 1) The maximum quarterly rate shall be based on one hundred ( 100) percent of water consumption during the winter quarter as recorded by the Waterloo Water Works. A winter quarter bill is a bill that is submitted for three ( 3 ) months, covering the months of November, December, January, February, March and April or any portion thereof. For those users of water being billed on a monthly basis by the Waterloo Water Works, the maximum monthly rate shall be based on one hundred ( 100) percent of the average water consumption for the months of December, January and February as recorded by the Waterloo Water Works. This maximum quarterly rate shall apply only during the two ( 2) summer quarters. Industrial users will be billed on actual water consumption rather than winter consumption unless winter consumption is approved by the superintendent. Any special or private contracts shall be metered at the user ' s expense. ( 2) Users who have their own private wells shall pay a minimum charge of fourteen dollars ( $14 . 00) per quarter unless notified by the Superintendent of the POTW that the users must comply with Section 34-56 . BOOK 231 mi llA Ordinance No. 3565 Page 5 ( 3 ) Users who are located outside of the limits of the City shall pay double the rates specified in this section. (4) If the rates as specified in this division are not paid when due as required by this division, there shall be added to the rates a penalty of five ( 5) percent. The Clerk shall certify to the County Auditor all sewer rates, charges or rentals and penalties delinquent. ( 5) A surcharge for waste waters or other sewage having a BOD of more than three hundred ( 300 ) parts per million, or more than three hundred fifty ( 350) parts per million solids, and containing no such chemical or other substances as would interfere with the proper operation of the purifying plant, shall be computed according to the following formula: Flow A/12 x . 33 x B1 = Cf BOD A/12 x . 33 x B2 = CBOD SS A/12 x . 33 x B3 CSS Total month assessment = C1 A = Annual budget minus debt service, collection costs, bond retirement, and reserve fund. B1 = Industry' s share of the plan flow calculated during the month. B2 Industry' s share of the plant' s BOD loading, calculated from samples taken during the month. B3 = Industry' s share of the plant' s SS loading, calculated from samples taken during the month. ( 6) Beginning July 1, 1988, the following sewer rental charge will become effective: Monthly Quarterly Charge per Use Use 100 Cubic Feet Ccf Ccf Monthly Quarterly First 3 First 9 $4 .00 $12.00 (minimum) (minimum) Over 3 Over 3 $0 . 95 $ 0. 95 INTRODUCED: June 13 , 1988 PASSED 1ST CONSIDERATION: June 13 , 1988 PASSED 2ND CONSIDERATION: June 20, 1988 PASSED 3RD CONSIDERATION: June 27, 1988 Passed and adopted by the City Council of the City of Waterloo, Iowa, on the 27th day of June, 1988 , and approved by the Mayor on the 29th day of June, 1988. Bernard L.vMcKinley, Mayy ATTEST: ry urger,' ity Clerk/Auditor .B_OQK 281 PAGE 169 Ordinance No. 3565 Page 6 CERTIFICATE I, Larry P. Burger, City Clerk of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3565 , as passed and adopted by the Council of the City of Waterloo, Iowa, on the 27th day of June, 1988. Witness my hand and seal of office this 29th day of June, 1988. 713. ger, • Cler /Auditor 207 ga)lvf' to NAWK C4UN1Y, 10WA:5I tOMPAILEPr fled tat taaatd.Q 6 19gr_ pAGELi at /d:a S /9. , and retarded iA c Ake. Page /v s"' tH I aa Deputy Fee ..3e: co eoox 281 PAGE 170 STATE OF IOWA, • Lega I 55 I do solemnly swear that the annexed copy of Black Hawk County, City of Waterloo Ordinance No . 3565 notice was published in the Wntcr(oo Courier a daily newspaper printed in Waterloo. ORDINANCE NO.3565 AN ORDINANCE AMENDING Black Hawk County, Iowa once a- -far- ° - THE 1988 CODE OF OR- DINANCES OF THE CITY OF WATERLOO, IOWA, BY RE- PEALING SUBSECTION 34-28, commencing on ti?C 7 day-of. Ju I Y t9' 8 8 in the issue of _.— DEFINITIONS, AND SUBSEC- TION 34-43, DETERMINATION q OF RATES AND CHARGES,OF u I Y 7! �.9C78 CHAPTER 34,UTILITIES;AND BY ENACTING IN LIEU THEREOF A NEW SUBSEC- TION 34-28,DEFINITIONS,AND NEW SUBSECTION 34-43, DE- Of said newspaper, and that the annexed rate of TERMINATION OF RATES AND CHARGES, OF CHAPTER 34,UTILITIES. advertising is the regular legal rate of said newspaper,and that the following is a correct bill for BE IT OR.)AiNECI BY THE -- COUNCIL OF THE CITY OF publishing said notice. l ,9 T.:'cam�- !U WATERLOO,IOWA,as follows: Printer's Bill $ That Subsection 34-28,Definitions and Subsection 34-43,Determina- tion of Rates and Charges, of Chapter 34, Utilities, of the 1988 i Code of Ordinances of the City of )\. S-.-W3_, Signed Waterloo, Iowa, are hereby re- pealed in their entirety;that new '`-L Subsection 34-28,Definitions,and Subscribed and sworn to before me this day of Subsection 34-43, Determination ' of Rates and Charges of Chapter 34, Utilities, of the 1988 Code of % �, A.D., 19 '- "' Ordinances of the City of Water- ///))) lieu Iowa,are hereby enacted In ,,' C�/ lieu thereof as follows: 7 r� l,`t/ ss"J'' Sec.34-28.Definitions. /'J/"(/ Unless the context specifically in- dicates otherwise, the following terms and phrases,as used in this article,shall have the meanings) \ • Received of the sum of Dollars in full for publication of the above notice.