8.f)2) Issues Regarding Wastewater Service Charges for the "201" Sewer System Meeting Date: 1/15/2007
Agenda Item: �i/ /�� �
� 7"
City Council Agenda Report
City of Scandia
14727 209�'St. North
Scandia, MN 55073 (651)433-2274 �
Action Requested: Receive a report on issues relating to the update of Ordinance No. 24
establishing wastewater service chazges for the"201"sewer system.
Deadline/Timeline: N/A
Background: • Over the years,the practices for allocating costs and billing
residents for the costs of the"201"sewer system serving areas
around Big Marine Lake have become out of alignment with the
ordinance adopted in 1988, and an update is needed.
� Before staff can prepare a draft ordinance for the Council's
review, some discussion and direction from the Council is needed.
A separate memo outlining the issues and options is attached.
• Once the Council has given direction, you may also want to
discuss what process you might want to use to involve and inform
system users of any change.s,before billings for 2008 aze sent.
Recommendation: I recommend that the Council discuss the report and give direction on
next steps.
Attachments/ • Memo on"201" Sewer System Issues
Materials provided: . Ordinance No. 24
Contact(s):
Prepared by: Anne Hurlburt,Administrator
(201 system issues)
Page 1 of 1
O1/11/08
a`. ` '.�
�� � � ���
s d� � �,�
Memo
SC�►NI�IA
.
To: Mayor and City Council
From: Anne Hurlburt,City Administrator
Date: 1/11/2008
Re: "201" Sewer System Issues—Update of Ordinance#24
Ordinance No.24 sets forth the cost allocation and billing procedures for the community
sewage treatment system constructed with"201"grant assistance to serve areas of Scandia
around Big Marine Lake. The ordi.nance was adopted in 1988 and based on a model from
Washington County.
Over time,the procedures for billing and allocating costs has become out of alignment with
the ordinance. For example: the ordinance requires one annual bill. Late payments are to
incur a 12%interest charge. In practice,there have been two billings and no interest has been
charged for late payments except when certified against property taxes for collection.
Another concern is that the administra.tion of the ordinance has not bcen consistent,raising
issues of fairness. For example: in the last year we had a case where a property was being
charged as a year-round, 3-bedroom residence,but was actually a seasonall-bedroom
residence. Staffhas reviewed the proposed 2008 billings calculated by county sta.ff,who
operate the system, and found many discrepancies. We estimate that about 40%of the
accounts would either be overcharged or undercharged,based on our review of property tu�
records. If the current system of cost allocation is to continue we will need to verify the
classification of each property before calculating 2008 bills.
Before staff can draft a new ordinance, some direction from the Council is needed on a
number of issues. The following information will provide background and options for
dealing with these issues.
1. Cost Allocation System
The current cost allocation system uses the seasonal or year-round(permanent) status of a
home,and numbers of bedrooms, as a proxy for the sewage volume generated and therefore
the property's share of system cost. The Equivalent Residential Unit(ERLn for each home is
calculated base on an estimate of the average sewage flow per day,with 1 ERU being 225
1
gallons per day for a permanent, 1 or 2 bedroom home. The more bedrooms,the more ERUs.
The ERU for a seasonal residence is 60%of an equivalent year-round uni�
Some of the issues with this system are:
• How is a seasonal�esidence defined? The ordinance does not include a definition.
Homestead classification alone is not a good indicator,as there are year-round rental
properties in the area. For property tax purposes,"seasonal"status can be claimed by
someone who does not homestead the property,does not rent it out,and uses it
"seasonally''—but there is no specified portion of the year the home might be occupied to
be considered"seasonal." About 1/3 of the homes connected to the"201"system were
classified as seasonal for the 2007 billings.
Another way to define a"seasonal"dwelli.ng would be if the home did not have a heating
system that would allow year-round occupancy. However, all of the homes served by the
system probably could be occupied year-round because they all bave heating systems,
according to assessing records.
A"season.al"residence could be used by more people and genera.te more sewage than a
year-round residence. If a differential rate for seasonal dwellings is retai.ned,a workable
and enforcea.ble definition would need to be created
• How is the number of bedrooms related to seweY use? What's a bedroom7 The number
of bedrooms is sometimes used to estimate the number of people that may live in a home,
and by extension wastewater generation(i.e. for sizing a septic system.) However,in
practice this is probably not reliable. While one family ma.y use a room as a bedroom,
another may use it as a den or office. As homes are remodel�,the number of bedrooms
can change. A bedroom may be occupied by a family member,or used only for guests.
Other living areas may also be used as sleeping azeas. Other factors(such as the pre,sence
of laundry facilities)affect wastewater volumes.
If we continue to use the number of bedrooms as a basis for allocating sewer costs,some
standard will need to be adopted to determine the number of bedrooms and a process will
be needed to verify and maintain accuracy of the information. One possibility might be to
use assessor's data regardless of the use of the r�ms. Or,individual property inspections
might be required if this is not reliable.
• Should volume estimates be part of the cost allocat�ion formula? With the exception of
pumping costs,most of the costs of operating the"201"system are not related to
wastewater volume. Pumping represents only about 10%of the average annual cost of
operating the"201"system. The fact that each of the homes connected to the system has
sewer service available is the ma.jor benefit of the system,regardless of how much sewage
volume they produce. Without the service,the homes would not be habitable and
property values would plummet. This might azgue in favor of a system that charges each
property equally,regardless of volume.
2
There are at least four options for allocating costs among the users:
1. Current System-ERU's based on seasonaUpermanent use and number of bedrooms
2. Permanent vs. Seasonal-different rate for seasonal and permanent residences,
regardless of number of bedrooms.
3 Bedrooms Only-different rate based on number of bedrooms,regardless of
seasonal/permanent status.
4. Flat Rate-same price for all users.
The following table shows how 2008 costs would be allocated to users for each of the above
options. The numbers of homes in each category and bedrooms aze city staf�s estimate based
on assessing records and not on the county sta�s 2007 or proposed 2008 billing information.
2008"201"System User Charges,Four Options
Type # Bedrooms Option 1 Option 2 Option 3 O tion 4
Permanent Residential 21 1 $547.77 $617.22 $491.43 $548.94
25 2 $547.77 $617.22 $491.43 $548.94
15 3 $712.10 $617.22 $638.86 $548.94
5 4 $931.21 $617.22 $835.43 $548.94
2 5 $1,095.54 $617.22 $982.86 $548.94
Seasonal Residential 17 1 $328.66 $370.33 $491.43 $548.94
7 2 $328.66 $370.33 $491.43 $548.94
1 3 $438.22 $370.33 $638.86 $548.94
1 4 $547.77 $370.33 $835.43 $548.94
0 5 $1,095.54 $370.33 $982.86 $548.94
The estimates for each option assume total revenues of$51,600(the 2008 budget). They do
not include small adjustments made to some bills in recognition of power costs for lift stations
connected to home electrical systems. (2007 adjustments were$7 per user,up or down,with
net revenue of$0.)
In 2007, 1 or 2 bedroom permanent residences were billed$344.80. Seasonal 1 or 2 bedroom
residences were billed$206.88. The significant increases needed in 2008 are due to pumping
costs(budgeted every three years.) If Option 1 (the current method of cost allocation) is
chosen,many individual users would see greater or lesser increases when the status and
number of bedrooms are updated for each residence. The most dramatic increase would be a
home tha.t was classified as a 2-bedroom seasonal residence that(according to assessing
records)is actually a 5-bedroom year-round residence. In 2007,this user was billed$206.88.
If the assessing data is correct,the 2007 billing should have been$689.60, and the 2008
billing would be$1,095.54.
3
2. Billing Procedures and Policies
As noted above,current pra.ctices are not consistent with the ordinance. A single billing cycle
may work a hardship on users, especially as costs increase, so it makes sense to divide the
payment into installments. The billing schedule would need to allow sufficient time for
overdue payments to be certified to properiy taxes for the following year. The first billing
could not occur until after the budget had been set and any verifica.tions of status that tnight be
necessary(depending on the cost alloca.tion method)were complete.
One option would be to bill in 4 equal installments the first of the month in March,May,July
and September. Installments would be due in 30 days. Unpaid balances as of October 31
could be certified for collection with properly taxes in time for the county's November 30
deadline. Depending upon what option for cost allocation is chosen,the 2008 billings ma.y
need to be in fewer installments or delayed from the suggested schedule. Extra time ma.y be
needed for communica.tions with system users or to verify property status.
Another option would be a quarterly billing spread evenly over the year,with billings due
March 1,June 1, Septembsr 1 and December 1. Overdue payments after the September 1
billing could be certified for collection with property taxes by November 30,but the last
installment would be due after the deadline. T�is would probably have a slight negative efFect
on expected revenue,s due to the delay in collections.
Interest should be charged on overdue balances. One percent per month(12%per annum)on
the amount overdue by 30 days or more would be a simple option. The interest ra.te for
unpaid balances certified to collection with property taxes should also be established. The
rate should be lugh enough to encowage paymen� This year's assessments were charged 7
percent interes� A higher rate should bs considered
3. Connection Fee.s
The ordinance does not include the requirements for connecting new units to the system.
Records indicate that the most recent connections to the system(approximately 5 yea�s ago)
were charged$3,500,but there is no informa.tion on how this was calculated It appeais that
the connection fee was reduced 50%to$1,750 for properties that had room for individual
septic systems,but instead hooked up to the"201"system.
Connection fees should be established by ordi.nance. It appears that there are still some
properties that could be developed if connected to the system and there is probably capacity
for a small number of additional connections. Some direction from the Council on the
connection fee,and whether a reduced fee should apply in any particular situations,would be
helpful.
4
11/2112006 10:34 6514648664 HWH LAW FIR�� PAGE 02J19
4�IAS�IHGxON COUN�'Y• MINt2Y,'SOTA
- AASTSWAT&R 5�9IC$ CH�iRGE.ORDI�GB
J NO. "�•� � .
AN ORDINANCF] SSTABLISliING THE CHARGES �'OA THE OPERA'Y'ION, r1AxNTENANC�,
AN'D ADMINISTRATxON Q�' CQMMITNxTY $,EWAG,� TREATMENT SYSTEMS CQN5TRUCTED
WYTH ^ZOl" G�APTT ASSIS'rAN�$ IiJ. THE'CITXf�OWN pF IJ�w SCBndi� �
TH$ CITY COUNCZL/TOWN HOARD OF THE TOwn� p�: N4v7 Scandia �
STATB OF MINN�50'X',pJ �QkS ORDAIN; '
SSCT,xOg l. TxTLS
101. Short Title. This Ordinance sha11 be known, cited and
referred to �as ths Wa9tewater Serv�tces Ch�rge Ozditsance� exCep� as .
refexr�d �a here3n, whexe it shal]. be kr�owu as, "�him osdinaaoe".
SBCTxON 2. It,�T'EHT AND PrfRPbSL
ZO�.. This pxdinar�ce ia adopted for tihe purpasQ p�:
� fl) Setting forth the requ�,remen,ts for acaruing reve�ues
t� exiable the City/Towa of _taAw �rn�,a ' to aomply~
�- with 6tiate and Federal laws aad �o provid� sufficient
xeveaues to financia].1y ba�.ance expeadittts�es for the
m�it'�te.7a�nc� of �thQse cammunity se�ge treatment systems
, � within the city/Town of �_N�w Sesnd3.a constructed
• with Fsdeia], aud S�ate gran'k fundas.
(2) Assessing those users of the conmtunity sewage treatment
systems wi#.t�ia the City/Towu of _,.N�w� fi�an 7_a
. wk�ich are construQted w�th Federai and State grant ftuld5�
usez charges based �n the user's proportionate cantr3.bu�i�oa
to the tota�, 'w�stewat�r 2oada.rig frQn� all users.
. SECTIaN 3. R[��,ES, A�1Lt DI:F�I�]ITIQb1S
301_ Rule6. � '
3Q1.01. In th� event Q� conf].ict�.ng pro�visiqns in the tex� of
• thzs Ordinaac�, �a,rt�9/or other ordinances� th� more r�str3c�ive provisices
shall apply. Th� Ciky Couacil/Town Board shal7. aetezmine which is '
more �restxictive'�. '
301.02. wo=ds used in th� present tease sh�l7. in�Yude th� past
and future tense; the singuxar inc3.udes the piural ana the pluxal.
includes the singu�,ar. 2'he word "shail" is manda�orp and the word
-�' °maY�� is permiss�.ve_
1 ,
. 11/21/2�06 10:34 651464B664 HWH LAW FIRM PAGE �3/13
' 302. Definitiona.
302_Ox. For the parpose.of this OrdiAance, aertain term8, words
and phrases .axe hereby defined as follows: • �
�% .
. il) Ac3mio�i�tra.�i.ve Cost.s. Those f3xed costg a�tribu'�ed to
aaa�3s�ration of the wast.Qwater tzeatment works, inolnding
but not limited to; billing, bookkeep�g and acoovn�inq �
fut�ot3.ons. •
i?! �f.ochvioal oxygen aemaap (BpDs): The quaatity of axygen .
' utili�ed 3n the b3oehemical ox3d�tioa of organ�c matter �
arider standard laboratory procedute in five� (S) dayQ
to 20° C, expressed 3n m3.I.13grame per li�er. • •
(3) CiCty. The cou�unity, eit.her S.ncorporated or unincv�porated, ,
. which has ac�opted this ordinaaae.
(4] Commun�Z.ty 5+ewage Tseatment System: A sewage �r�atment� .
syetem whieh tollea�s sewag� Erom �wo or mare residences
' or other establ3shments, consistiag o�a Coilectar lines, '
pumpg, sewage �ank$, �td�sogl treatanQn}. u�tit. Also knowri
as a oiuster syste�n. � �
, (5� Co�r�lLal �ser, At�y plaee oP bus�istess which di.saharges
sanitarX waste.s as distinct frQm industrial wastewa�er.
(6) Gnnnty. The a�ea within the bouadaries of Wash3agton • �
Caunty. The teffi "Couuty" when used herein may alsa
__ be ased to re#'er to the Couaty Boa� ��� 3ts anfi.horiz�d
� represeatatives.
(7) 8gai.vai�t Res3dentaal Oait i ffitQ). A unit of wa s�ewatex'
vo3ume af 225 gallons per day aa8 a theoretical strenqth ,
of 200 mq/9. oP BOD aad 225 mgJl of total snspended solids.
{81 �uctra s�ength waste, Wastewater haefug a B�n aad/or
. suspended sol.ids great�r thaa �tormal Domestic Btrenq�h�
` . Waste as defined in �15) belo�, and nat otherwise ciasaified
as an iAaampatilile waste.
. � �9) Goveramenfial Oser. vse;s which are ageneies or 3nstru-
. mont.al3ties of EeBex�i1, state� or iecai gov�rnment aiscriarg�i,Ay
Normal Domesti.c B�reAqtlt Wastewat�r.
• (�1b) Iacompatible,{4aste. Wa$te that ei�her s�gly os by iateraction
w3.th, other vv�stes 3nterfers with any waste treatmen�
pro�ess, oo�qstitvtes a hazard ta.humans or sAimals, creates
a publ3c nuisaace, or areates any hazarc� itt t2�e receiving
waters of the wast�water treatrnent works.
(11� Inda.va�dnal. Se�raqe Trer�L-ment system. A sewaqe treatment
. system connecting to a sing�e dweiling or other establistw�enb,
cons3.sting of: soii tzeatment uni�, sewage taaks� and
�_,. ' associate8 systems. ,
2
11121/2�06 10:34 651464B664 HWH LAW FIRM PAGE 94/13
� • (12) Indastrial wasteWater_ The 1xq�id process3ng wastes
' �rom an industriai manufacturing ptoee�e, trade, or busine$s
zncluding but no� l�m�,ted to all Staadard Yndustrial
ClassiE3catiom ManuaL Divis�on A, S, D, E and I manufactnrer9
_, as distinct.from domestiic wastewater. • .
I13� ]tn�at.i.tu�ional. UBer. Users whieh are eeci.a]., charitabie,
religious, �nd educational organizations and agencies
such as: schoo�.s, churches, hospitals, nursxng homes,
penal institutions. , '
{��� 1Koni�ori.ng aad Inspeotion Casts_ Expenditures fox mon�.toring
and inspeatiing wastewater syste:ms which are operated
and mainta3.ned accosding to pass3ve maxntenance. , �"
t151 Normai D�est3c Stxeng�b Viastewater. wastewater that
i� pximarily produaed by r�sidential usessr w3.�h EODS
vanaentirationa o� approximately� 200 mgJl and eusponaed
solids aoncentra�3ans of ap�roxima�ely 225 mg/1.
116) operaki.oa aad taaiat�aance Costs. Lxpeafl3.�ures for activi-
ties require�d to provide for the �ependable and eaonomxca3.
functian�.ag of the treatment wpX�s� thronghout 'khe useful
. ],�.fe of the treatment xorks; end at th� ].eveL of perfermance
for which �he tseatnsent warks wese constrneted. ope=at3on
aad Maintemance 3na�.udes, but ia not 13m�ted to: mon3-
toriug an� 3.napeatio� of systems, 'septit tank pumping,
and• adminxstrat3on. Operation and mainteaance alsd in- •
cZudes replaaement.
��-� (17) Replacement Costs. Expe.nditures �or obtainibg and a.nstalling
equiprae�tt, acces�or3es or appurtes�arices which are neaQssaxy �
dnring tha de��5�gn or use�ul life, whichevez is 3.or�ger,
af the waetewater treatment �'aci�.ities to m�intein the
capac3ty snd performance for wh£ch su�h faai3ities were �
designed and �nstructed.
(18I �t��idential user. The users o� structures which are
. reside�,tiai � nature artd disti.nct from iadns�kria�., oorp�uercial,
� or institutional users. For the purposes of this orc7inana�,
, reaiden�ial waste s}ta�l be oonsidezed to bave th�e fol].owings
BODg <2QU mg/].., suspended�sclids 225 mg/1. • •
(19l 5nspeaded So13dS. Sa��.ds thae are filterable and in .
suspensipa ia �h� liquidt the quantity bei�g deterrnined
by the filtetable residne test as c7escribed in "3tandard
Aiethads for the 8xaminatipa o� N?atex a7nd Wastewater".
{ZOI Qsar Charge, aiso knoti9n as.Waste�ater Setvice Charge.
Cbarqes to us�rs of wamt�water tse�t.�aent £acilities fos
the aos�s of operation and mai-nte�an�e, xeplaaement.
• moni.tori.ng al�d ins•pection� septic tank pumping and administration.
3
• 11/21/2006 10:34 6514648664 HWH LAW FIR�� PAGE OS/13
' (21) Uaer Charg� System, a1.so kn� �s Wastewa� Serv'ice
Charqe sys#,e�n. 14 �yatem baaed on est3mated uee of wastewater
trea�nent serviees whsre each ttser (or nsez class) paye
, ' its proport3ongte share o£ operat3.on and maintena�ac� - •
{inCludiag replaoe�qe�tt) costs o£ �seatme�A� works within
� the grantee�s serviae area, baser7 on the user's proportiana'ke
' conttibnt3.oa to the L-ota]. wastet,rpter loadit�g grom ali
usar's {or user classas). 't'o insure a ptopoxti.onal distribution
of operat3�on and maa�atenance coets to eaCh user tor aser
classl, the user's oot�tribution sball be. baeed on Eac�ere
sach as stxength, volume, and de].ive=y �'Iow rate oharae�eristias.
(22� osers. Those residential, coaunercia]„ arld indnstrial
establ'ishments which are conneo�e� ta the gublic sewer•
collectiot�' system. �
�23� Wasteuiater. Th8 8pe�t water of a u�ex. From .the standpoint
of soarce. it may be a tombinatiion of the liquid 8n8
�water oarried waetes from�resideaCes, Commercial builditigs,
and institutions, together with aay gsoundwater, sax�ace
' water, and sto�n►water that may be present. '
t 2h) Wastewates S�sv3.ce Cha�cge, also knowa ais pset� Cl�a�ge.'
Charges to users o� was��water treatment facil3ties for
' the'costa oE operation aAd mainten�nae, repla�emea�,
m�nitoring and l.r�9paotion, aaptia tar�Jc putupinq aad adm3.nietratian.
(2S) Wastevate.x �'reatatent Y+acilities. An arrangement oP deviaes
� and strnctures used for treating wastewaters whi.ch have
"` beea oonstructed wS.i:h St,ate and Federal grants.
5
s
,f
4 ' .
11I21/2006 1�:34 6514648664 HWH LAW FIRM P�GE 06I13 .
SY{CTIO�i g. REGULATl'ONS
�-' . 401. wastewater Servica Charge System.
�0]..al. The City/'.1'owr.� aE ___Ney� Sr.anr7i,a hereby establieiaeEs
a wastewater Servi.ce Charge System whereby revenue collected frorn
users o� i:he wastewater t�e�tm�t £acilities .wi�li be nsea to oFfset
a11 expendi�ares incurred �or adminiatXation, aanual oper�ation and
mai.ntenance and equipmen�. repiaaement.
�01.02. Users di the °201" wastewater �acflities of the CityJ�own
of New Saandia shall be classified into on� oP the �o�low�.ng
ca�.egori es: •
(1) Parmaaent t�aer .
(2) Se�3so�a1 Uset •
401_D3. Was�ewa�.er charges will be est,aplished based on Ec�uiva�ent
. Resident3.A7. Un3ts (ERt1). One ER� is def3ned ae a unit of wastewater
vn].uuie oS 225 gallons per day with �a�theoretical waste strength o�
200 mg�l oP BbD and 225 mq/1 of total suspesxded soZids. The ass3g�uae.nt
of ERUs will be a►aSe by the GLtyJTowri. Seasonai unita wiii havQ a '
valne o� sigty p��Qent (608) of an egnivalent yeer round unit.
(1 I Equ.i,valeRt Residefatiai iinits at a valume bf 225 gai].ans
per day Normal'Dvmest3c Strength Wastewatex will be assig�ned
-.-f by �he Ci�y/Town according to �he foilvw,�nq table:
• 3ewage Flows '
No. of Bedroam� in aAl. pes daY ERUe �
. • 1-2 225 1.0
, 3 300 1.3 �
4 375 1.7
5 4S0 2.Q .
� ' 6 525 �.3
7 ' , 6Ci0 2.7
Non-residential users shall be ass3gned EAUs according
. to �STIMATES OF C01�3ASERC�AI„ rNDUSTRIAL. ANp RECItEA�IONAL
tdABTEWATFR �'�Ot�f'3 as pririted in the dn,sita Sewacre Treatmeat
Mannal, whicl� is pr3nt�d annually by the I1niv�rs:lty o��
' Minnesot� Ag�xcultural Extension Sexvice and .the riimsesota
�ollntioa Controi �gency.
{2) Users may ap�e�al tihe nwnber of ERUs assigned ta a partic-
� ulax coAaect3cn by installing and maintain3ng, a� thmir .
awn e�:gense. water meters of a type approved by the C3ty.
Such meters sha11 be equipped with z�te registexf�g
reoarders•3ocated a� an accessible site on the owners
prc�e�ty. '
(31 The•City m�y, a� its discretion require aon-regidertial
users t4 iastall watex meters for the purpose of deter-
5
� 11/21/2006 10:34 6514648664 HWH LAW FIR�� PAGE �7/13
, � mining wastewater volume. The City �nay require xesiden-
. tial connectio�8 ta install water meters as part of a
�QmprehensiYe program to �nstall motiers throughout the
City�s water syste�. When so reqnired, such meters shall .
— be af a tyge ap�roved by•the City end equ�ppea wxtlt r�note
, �egistexing reoordera, and Zocated at aa ao�essibie site
,o� tbe owner'e property,
�i01.04. Yn accordance wi�h Fedexal and State requixements, each
user w3,],1 be no�if'�.ed ar�uallp at tihe begiaaing of eaah calenaar year
of the User Charge Rates attribu�ed tc wastewaLer treatrnent services.
4�1.05. tn accozdance with Federa� anc] S�kate regu3rement.s,� the �
City/To�a �lerk wi.�1 be responsible For ,nain�a3n3pg a11 records »ecessary
to document compl3ance with tt►e Wastewater Service Charga System adOpted.
. �
..� .
f. .
6 '
11/21/2006 1�:34 6514648664 HWH L�W FIRM PAGE 08l13 ,
SECrION 5. DL".CL•'ltMltiA�'ION a!' W11STL'NATl:tt 5L'liY1Cl: CWI,liGL
. 501. Reaovery a� Costs: It is the intenb of this pxdinance
that tha wasterrater service chargea shali oover the costs of operating
- and maintaining the wastewater systems, and �hat cos�s are reer�vered ,
fxom ali users in a pxopoz�ionate manner. The Ci�y/Town shall maintain
a prapex sxstem o� accounts suitable for determ3.ning the opexatfon
ahd maintenanae and equipmeat replaaEment costs of the coi].ecCi�on
an�d trea�ment facilit�ies. Th�se eosts shal� be reviewed at regular
annual intervala. T2�e CityJTqwn ahall determine wl�ethet or notc sufficien#,
revenue fs being generated �or the effective operation an$ maintenance
and management of the wastewater system, and that user charges axe
being d�s�tributcd propoYtionately to al], ttsezs. Any inequities ar►d/or
shortages sha7,]� be �orreated by adjus�ing the rate5 aaaard�,ngly tiy
resolution oE the Ci�y/Town.
502. Determ�natit�n of Oser Charge. All users shall be ch�rged
an annual was�ewater e�rvice oh�rge is� ac�ordance wi.th the metb�odologX �
desor�bed below: .
Cs/ERU� = Com i- Cr
. No. of Exu�s •
• Where C$ = Wast�weter Ser�►3Ca Charge per year , ,
Com = Opera�ion and t9ainteaaaee Chaxge pex' year
Cr a. Equipment Replacement, Cha;ge per year
503. Anaual Fees and Paymentss. All users o� the wastewatex
� •txea�ttneht fac3.�.it3.es shall be charged anuual3y .�or sewex aer'vice based
� on the number of eqn�tvaleat re�identi,a3 uttits, assigned to each and
based on wbethex the uni� 3s seasorial or year round. Paytpetit shall .
be rendered in ful� with3.n 30 daps of the bi,�laf.nq date. �
SU4. Septic Tar�k E��luent Pumping Surcharge. i� addi�sonal
fee sha11 be charged to uaers o� th� couaaunity sewag� firea'tment system
who, for �rha�ever reason, xequire septic tank pumping more :Erequently
than or�ce �n two years. The qurcharge foY auch frequent pnmping ahall
1� aL the �ame rate, either per taak or per gailon, as established
bx con�aat fo� the routiae pufi�ing of eaah septic tank oa the commuaity
SeWaC�e treatm�lLt 6y5tP.111. , � ,
. 505. Pees for vnusua]. wastes. If a user d�sci�arges toxic golintants
or wastes o� unusual stret�gth or Qharacter ta the �hseatment faci13.t3es �
which cause or inc;ease tile o�eration and maintenance costs, he%she
shaii be �ardered e3ther �o insta�,l pretreatment facilities'or pay
fox the extra costs oE treating the wastes. Th.is deof9ion wsll be
. made by tl�e C�.ty/Town, at the �ime the user begitls to d.ischarge �xtra •
strength wastes. . '
5�6. Toxic or S.neompatible waste clean-up. Any additional costs
,aaused by discharges to the treatment �rorks of fioxias or other iacampatible �
w�stes, in�ludilAg thc costs of restoring w�stewater trea�ment sexv�.Ces,
G].eaA-up and restora�ion of grpun� and Surtace water and environs,
. and sludge disposalr shall be hoxne by the dis�harger(sl of said wastes�
_ at no expense to the City. .
. • 7
. 11/21l2�66 10:34 6514648664 HWH LAW FIRM PAGE 09/13
307. Eeteblish�ent of Spec3al Accounts. The City/Towa heteby
establ�.ahea a wastewate�r s�rvice Fand intc which ali reverit�e co].iected
`s� frop► us�x� Will be 8epps3ted for disbwrseme�ts into the
� Fund and the replaaemen� fund. For the g��ral op�rating �
� - actount.i.Ag recorda, this fund 3s r]esignat d�aseanf in�omenaecouat.C lieyenue • •
sufficient to a.nsure adequate replacemeut sha11 be held in the replacement
�und separgte #rom the operat�on and maintenance func�. gepaxate accotui�ing
sha11 insure the integrfty oP these funds and tha� interest accrues
Qropartiottately to each .�und.
� • .:
. 8
11/21/2006 10:34 6514648664 HWH LAW FIRM PAGE 10/13 ,
SBC'PIpN 6a ADMINISTRATION
601. Applicability.. '
•601.01. This Drdinance sha11 apply and be in eff�ct for khe
stated purposes within the °201" stady areas in th� City��own a�
• ,�l,�w Scandia ' '
601_U2. Ea£orcement. �
(1} The Town/City Clerk/Admiaistratox shall be responsib].e �,C"'-�
for adm�ni.strat�on aad �orcement of thxs Ordinance. G��
(Z) The Clerk/Administra�or Qr his/her agent. shal.l be qual.ified � ,
amd certi£s�d hy Lhe MPCA as aompetent in th� design, �
evaluati.an uad �.n�p�otian o� inr3ividual on�sit� �ewage • � •
treatmeat systems, and sh�ll carry a current xndivxduai �;
sewage �'reatment System Certi��tcate and a aurretlt Class
D opesators cext9.�icate.
5Q1.03. Appeals and aari.ances.
(1) The City Council/Town aoa�d shall bear and d�aa.de appeals
and review any arder, deaision or c]eterminafiion made '
• by the Clerk�A8m3nistra�cr x�garding the enforaemsnt
of th�.s prdinance.
l t�,.ri►a ��' � �`°'�
(2) The Soard of Adjustment & Appeals shall hear and aa�k � �,�p,,
� . upon ail rate adjustment and variance zequest`s. , �/'
Y.t'��i-1^;t7,•�
(31 Any appeal af an administra.tive decatsior► or dete'rmination �'
may be £ilec� by anY person� departmeat, bureau, town,
c3ty, coun�y, or stake which is aggrieved by a decisiori.
s
.�,,.
9
, 11/21/2606 10:34 6514648664 HWH LAW FIRtd PAGE 11/13
SgCTION 7. SNFORCBI�lBNT
7U1. Violations aad Peaslties. •
70I.01. Any bill tto� .paid faur�f4) weeks after dat@ of billing
shall be detlared delinquen� aad a gast-due nQtice shall he iasued
to 'the b�tlled p�rtp. The pas�t-due notice shall ccritain e.n additipnal
charge to �ovez the C09tB of the �ebiil�iaq. At'ld3tional deiinqnent
notiaes inaludfng their reBpec�..ve chargea shall be sent at eight�
i B? and twe].v� (12) treeks egteY the billing date. Should �s b�,�,1 e�il�
bc� del,xnquent aftes one huadred �wenty (12Q) day�, tbe City/Tot�m'may
e7.ect ta tak� the foi],awing aot.a,orie a - -
(iy whesievex wastewater aervice aharge bii�s beaome delingaent,
• the amoant due shail be aertifieS r,o ttie County Auditcr
� fos iaclusion with the �ollowSng yesr's tax statemen�.
- ' t2) Lien. Whenever wastewater treatment bills become delingttexlt,
the same shall beoou►e and eonst3.t�te a 13ea upon,the
� real estate ta wh3Ch sewer serv�.ce is supplied. 5tatements
xendered for euch ch�rge shali be de�d notice to all
parties, �bether or not the :per�on charged with the statement .
is the owne,r o£ the property served. The rlaim for Liea �
shall •be made in the fqriq a� a sworn statement setting
• foxt.h a . �
�_ ie) a desoription of the xeal estate, suff3c3eat for
' the ideat3fir.atioll thereof, upon or �ox �ahiah the �
, sewaqe•sexroiae was +sttpp�3,ed7 .
{b) �.he amo+�r�G o£ money �ue for such sewage serviae;
an�
to1 th� da�e o� dates whan suat► amount o� amounte became
delinquet��.
• I,� all amounts shown due rem�in unpa�.d aEter recordiag
• � � as provided by state s'ta.tutes, the City/Toi�m may foreciose
� the lien in the same manner and. with the same effect
as the foreclos3ng or mortgaqes oa reai estate.
, (3) Civil Aatioa. In the alternative of leva+ibg a lien, �
the City/Tow�t may, $t 3ts disarekion, file suit�6 in a �.'
• aivil aat.ion to collect such amounts as are delinqueat
� and due agairfst the oceupa�tC. oz user of the real est,3te �
and shail coileet, as well, all attorney's fees inaarxed
by the CityJTown.3n f313ng the civil action, �uQh a�torney�s
fees ahall be fixed by order of the aourt. �
. �
7.0 •
11/21/2006 10:34 6514648664 HWH LRW FIRtA PAGE 12113 �
701.0�, =a addition to ail penalt3es aud aoatis at�ibutable '
and .chargeabie to recordi.ng notices of the lien or �i�ing a civii ,
action, the owner or user of the r�al estate being served by trie �treatment '
' warks shall be iiabl� fer interest uppn all unpasd balances at the
ra�a o� twelve perce�t i12$) per ana�nn. .
701.03. The CityfTown reservEs the right to xevoke discharqe
permits and to disconneot service to atly user whenever wastewater
treatment b�cornes deliaquent. '
. �
� .
� ,
.._,.
11
.
SECTION 8. E1rFBCTOATION
801. Separability.
801_Ol. It is hereby declared to be the intent that the several
prov3siona of this Ordinance are separable in accordance with the
following:
(1) If any court of competent jurisdiction shall adjudge
any provision of this Ordinance to be invalid, such judgement
ahall not affect any other provisiona of this Ordinance
not specifically included in said judgement.
(2) If any court of competent jurisdiction shall ad�udge
invaZid the application of any portion of thia Ordinance
to a particular property, building or other structure,
such judgement shall not affect the applicatian of said
provision to any other property, building, or structure
not speaifically included in said judqement.
802. Effective Date.
802.01. assed by the�a-c�v of'/(,e._ J ��,(�,�� on
�� 1988. An official p of this Ordinance
is on in het� of the City/Town Clerk/Admin3strator.
Attest:-��� � a �. �'�'1/r
�
Approved as to form and legality:
12