ORDINANCE NO. 2289

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLINTON, IOWA, 1999 BY AMENDING PROVISIONS PERTAINING TO SEWER RENTAL RATES.

 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLINTON, IOWA:

 Section 1.  Chapter 95, Section 02 of the Code of Ordinances of the City of Clinton Iowa 1999 is amended:

 A.  By adding the following definitions as subparagraph 9 and renumbering the subsequent definitions:

10.  “Leachate” means free liquid that derives from the decomposition of wastes or water that has come in contact with refuse from landfills.

 B.  By changing the definition of Superintendent as follows:

26.  “Superintendent” means the Water Quality Superintendent of the City or any authorized deputy, agent or representative.

 Section 2.  Chapter 96, Section 06 of the Code of Ordinances of the City of Clinton, Iowa 1999 is amended by adding the following paragraph thereto:

 Effective 01/01/06, the Superintendent shall implement a program of inspection of interceptors (grease traps) at least once a year.  Where the volume of use requires cleaning more than twice a year, the owner shall be required to submit a report showing the frequency of cleaning of the interceptor with copies of waste hauler manifests accompanying said report.  Where the volume of use requires cleaning more than once a year, the Superintendent shall establish an interceptor cleaning schedule for the owner and the owner shall comply with said schedule.  Failure of the owner to comply with the established cleaning schedule or to keep the interceptors in continuous efficient operations at all times shall be a violation of the ordinance and shall make the owner subject to citation by municipal infractions.

 Section 3.  Chapter 97, Section 03 of the Code of Ordinances of the City of Clinton, Iowa 1999, is amended by adding the following paragraph 5:

5.      Excessive Ammonia – Any waters or wastes having an ammonia concentration of greater than 50 mg/l shall be subject to the review of the Superintendent.  Where necessary in the opinion of the Superintendent, the owner shall provide, at the owner’s expense, such preliminary treatment as may be necessary to reduce the ammonia concentrations to no greater than 25 mg/l.  Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.

Section 4.  Chapter 99. Section 03 of the Code of Ordinances of the City of Clinton, Iowa 1999 is amended by amending the definition of paragraph 9 “General Municipal User” to read as follows:

            9.      “General Municipal User” means any user discharging sewage to the general

municipal flow other than industrial users, municipalities and other contract users.  This category of user includes as subcategories:

A.    Domestic users;

B.     Commercial users (with representative users, but not limited to)

                                                                          i.      Class I (Domestic strength) Taverns and private clubs without kitchens.

                                                                       ii.      Class 2 – Laundromats, car washes.

                                                                     iii.      Class 3 – Bakeries, taverns and private clubs with kitchens.

                                                                     iv.      Class 4 – Dry cleaners, industrial and commercial laundries.

                                                                        v.      Class 5 – Restaurants, butcher shops, grocery stores with butcher and/or delicatessen, veterinary clinic and animal kennels.

 Section 5.  Chapter 99, Section 06 of the Code of Ordinances of the City of Clinton, Iowa, is repealed and the following adopted in lieu thereof:

99.06      Sewer Use Charge.  The sewer use charge is as follows:

 A.  Effective May 1, 2005:

1.                  The unit costs for users of the sewage works and facilities is $2.99 per 100 cubic feet or $4.00 per 1000 gallons, based on metered water usage.

2.                  User surcharges are $35.35 per 100 pounds of 5-day BOD in excess of the BOD load that would result from a concentration of 212 mg/l in the user’s wastewater; and $42.04 per 100 pounds of suspended solids in excess of the suspended solids load that would result from a concentration of 210 mg/l in user’s wastewater. 

3.                  User surcharges are $65.00 per 100 pounds of NH₃ in excess of the NH₃  Load that would result from a concentration of 25 mg/l in user’s wastewater.

4.                  The minimum volume to be billed for each user shall be 500 cubic feet per quarter.

5.                  The City Council may, by resolution, grant an exemption from the payment of sewer use charges for those owners who have the sanitary sewer available but are not connected thereto, provided good reason exists for the failure to connect.

6.                  In addition, for users in the commercial customer classification, in lieu of the BOD surcharge and SS surcharge, there is a surcharge for higher strength wastewater discharged by those customers in that classification.  The commercial classification surcharge is the factor times Class 1 rate based on the following table.  The BOD and SS concentrations are listed for typical commercial customers.  If an individual customer feels the strength of their discharge is different from the typical for that category, the appropriate class can be determined by testing representative samples of wastewater from the user.  The City will coordinate the sampling for a given period at a charge to the customer.

 B.  Effective May 1, 2006:

1.                  The unit costs for users of the sewage works and facilities is $3.93 per 100 cubic feet or $5.25 per 1000 gallons, based on metered water usage.

2.                  User surcharges are $43.35 per 100 pounds of 5-day BOD in excess of the BOD load that would result from a concentration of 212 mg/l in the user’s wastewater; and $49.04 per 100 pounds of suspended solids in excess of the suspended solids load that would result from a concentration of 210 mg/l in user’s wastewater. 

3.                  User surcharges are $130.00 per 100 pounds of NH₃ in excess of the NH₃  Load that would result from a concentration of 25 mg/l in user’s wastewater.

4.                  The minimum volume to be billed for each user shall be 500 cubic feet per quarter.

5.                  The City Council may, by resolution, grant an exemption from the payment of sewer use charges for those owners who have the sanitary sewer available but are not connected thereto, provided good reason exists for the failure to connect.

6.                  In addition, for users in the commercial customer classification, in lieu of the BOD surcharge and SS surcharge, there is a surcharge for higher strength wastewater discharged by those customers in that classification.  The commercial classification surcharge is the factor times Class 1 rate based on the following table.  The BOD and SS concentrations are listed for typical commercial customers.  If an individual customer feels the strength of their discharge is different from the typical for that category, the appropriate class can be determined by testing representative samples of wastewater from the user.  The City will coordinate the sampling for a given period at a charge to the customer.

C.  Effective May 1, 2007:

1.                  The unit costs for users of the sewage works and facilities is $4.86 per 100 cubic feet or $6.50 per 1000 gallons, based on metered water usage.

2.                  User surcharges are $51.35 per 100 pounds of 5-day BOD in excess of the BOD load that would result from a concentration of 212 mg/l in the user’s wastewater; and $56.04 per 100 pounds of suspended solids in excess of the suspended solids load that would result from a concentration of 210 mg/l in user’s wastewater. 

3.                  User surcharges are $165.00 per 100 pounds of NH₃ in excess of the NH₃  Load that would result from a concentration of 25 mg/l in user’s wastewater.

4.                  The minimum volume to be billed for each user shall be 500 cubic feet per quarter.

5.                  The City Council may, by resolution, grant an exemption from the payment of sewer use charges for those owners who have the sanitary sewer available but are not connected thereto, provided good reason exists for the failure to connect.

6.                  In addition, for users in the commercial customer classification, in lieu of the BOD surcharge and SS surcharge, there is a surcharge for higher strength wastewater discharged by those customers in that classification.  The commercial classification surcharge is the factor times Class 1 rate based on the following table.  The BOD and SS concentrations are listed for typical commercial customers.  If an individual customer feels the strength of their discharge is different from the typical for that category, the appropriate class can be determined by testing representative samples of wastewater from the user.  The City will coordinate the sampling for a given period at a charge to the customer.

D.  Effective May 1, 2008:

1.                  The unit costs for users of the sewage works and facilities is $5.80 per 100 cubic feet or $7.75 per 1000 gallons, based on metered water usage.

2.                  User surcharges are $59.35 per 100 pounds of 5-day BOD in excess of the BOD load that would result from a concentration of 212 mg/l in the user’s wastewater; and $63.04 per 100 pounds of suspended solids in excess of the suspended solids load that would result from a concentration of 210 mg/l in user’s wastewater. 

3.                  User surcharges are $200.00 per 100 pounds of NH₃ in excess of the NH₃  Load that would result from a concentration of 25 mg/l in user’s wastewater.

4.                  The minimum volume to be billed for each user shall be 500 cubic feet per quarter.

5.                  The City Council may, by resolution, grant an exemption from the payment of sewer use charges for those owners who have the sanitary sewer available but are not connected thereto, provided good reason exists for the failure to connect.

6.                  In addition, for users in the commercial customer classification, in lieu of the BOD surcharge and SS surcharge, there is a surcharge for higher strength wastewater discharged by those customers in that classification.  The commercial classification surcharge is the factor times Class 1 rate based on the following table.  The BOD and SS concentrations are listed for typical commercial customers.  If an individual customer feels the strength of their discharge is different from the typical for that category, the appropriate class can be determined by testing representative samples of wastewater from the user.  The City will coordinate the sampling for a given period at a charge to the customer.

 E.  Effective May 1, 2009:

1.                  The unit costs for users of the sewage works and facilities is $6.73 per 100 cubic feet or $9.00 per 1000 gallons, based on metered water usage.

2.                  User surcharges are $67.35 per 100 pounds of 5-day BOD in excess of the BOD load that would result from a concentration of 212 mg/l in the user’s wastewater; and $70.04 per 100 pounds of suspended solids in excess of the suspended solids load that would result from a concentration of 210 mg/l in user’s wastewater. 

3.                  User surcharges are $235.00 per 100 pounds of NH₃ in excess of the NH₃  Load that would result from a concentration of 25 mg/l in user’s wastewater.

4.                  The minimum volume to be billed for each user shall be 500 cubic feet per quarter.

5.                  The City Council may, by resolution, grant an exemption from the payment of sewer use charges for those owners who have the sanitary sewer available but are not connected thereto, provided good reason exists for the failure to connect.

6.                  In addition, for users in the commercial customer classification, in lieu of the BOD surcharge and SS surcharge, there is a surcharge for higher strength wastewater discharged by those customers in that classification.  The commercial classification surcharge is the factor times Class 1 rate based on the following table.  The BOD and SS concentrations are listed for typical commercial customers.  If an individual customer feels the strength of their discharge is different from the typical for that category, the appropriate class can be determined by testing representative samples of wastewater from the user.  The City will coordinate the sampling for a given period at a charge to the customer.

F.  Effective May 1, 2010:

1.                  The unit costs for users of the sewage works and facilities is $6.73 per 100 cubic feet or $9.00 per 1000 gallons, based on metered water usage.

2.                  User surcharges are $75.35 per 100 pounds of 5-day BOD in excess of the BOD load that would result from a concentration of 212 mg/l in the user’s wastewater; and $77.04 per 100 pounds of suspended solids in excess of the suspended solids load that would result from a concentration of 210 mg/l in user’s wastewater. 

3.                  User surcharges are $270.00 per 100 pounds of NH₃ in excess of the NH₃  Load that would result from a concentration of 25 mg/l in user’s wastewater.

4.                  The minimum volume to be billed for each user shall be 500 cubic feet per quarter.

5.                  The City Council may, by resolution, grant an exemption from the payment of sewer use charges for those owners who have the sanitary sewer available but are not connected thereto, provided good reason exists for the failure to connect.

6.                  In addition, for users in the commercial customer classification, in lieu of the BOD surcharge and SS surcharge, there is a surcharge for higher strength wastewater discharged by those customers in that classification.  The commercial classification surcharge is the factor times Class 1 rate based on the following table.  The BOD and SS concentrations are listed for typical commercial customers.  If an individual customer feels the strength of their discharge is different from the typical for that category, the appropriate class can be determined by testing representative samples of wastewater from the user.  The City will coordinate the sampling for a given period at a charge to the customer.

 Section 6.  Chapter 100, Section 09 of the Code of Ordinances of the City of Clinton, Iowa 1999 is repealed and the following adopted in lieu thereof:

100.09  MEASUREMENT OF STRENGTH AND VOLUME.  When required by the City, each industrial user shall install suitable measuring, sampling and analyzing devices.  The City may not require installation of such devices where the City determines that such industrial user has concentrations of BOD, suspended solids and NH₃ no greater than the concentration of such constituents in the general municipal flow and a satisfactory method of access exists for sampling and determining the total daily sewage flow.  In such cases, the charges to those industrial users shall be based on the flow rate as determined and on BOD, SS loads and NH₃ equal to the average load of the general municipal flow.  Each industrial user required by the City to install and maintain sewage monitoring facilities shall submit to the City a monthly report of daily flow, BOD, SS and NH₃ on a form approved by the City.  This report shall be used for billing purposes and shall be submitted prior to the fifteenth day of the subsequent month.  There shall be a minimum fee of $100 a month for all significant industrial users as defined under the City’s pretreatment program.  The City has the right, periodically or continuously, to inspect the monitoring facilities, to measure, sample and analyze the user’s flow and to analyze the samples obtained by the industrial user.  In the event of any discrepancy between the flows or loads determined by the City and the industrial user, the values determined by the City shall be used for billing purposes.

Section 7.  SEVERABILITY CLAUSE.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

 Section 8.  REPEALER.   All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

 Section 9.  EFFECTIVE DATE.  This ordinance shall be in full force and effect from and after its adoption and publication as provided by law.

_________________________

Darrell G. Smith

Mayor Pro-Tem

ATTEST:

_______________________

Deborah K. Neels

City Clerk

ADOPTED:  April 12, 2005.