Ordinance 1002 - Sewer Service Charges"_ 8 4
ORDINANCE NO. 1002
AN ORDINANCE TO REPEAL SECTIONS 23-2, 23-4, 23-5, 23-6, 23-7, 23-12,
23-24 and 23-25, KALISPELL CITY CODE; ESTABLISHING THE PROCEDURE FOR
DETERMINING EQUITABLE SERVICE CHARGES TO BE LEVIED ON ALL CUSTOMERS
DISCHARGING WASTEWATER TO THE SEWERAGE SYSTEM OPERATED BY THE CITY OF
KALISPELL AND PROVIDING CERTAIN PROHIBITIONS; PROVIDING FOR THE ADOP-
TION OF RULES AND REGULATIONS FOR OPERATION OF THE KALISPELL SEWER
DEPARTMENT; PROVIDING FOR AN EQUITABLE CHARGE.FOR CONNECTION TO THE
KALISPELL SEWERAGE SYSTEM; ESTABLISHING USER RATES BY METHOD AND PRO-
CESS ALLOWED BY STATE LAWS; PROVIDING EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
SECTION.I. ORDINANCE REPEAL.
The following Sections of the Kalispell City Code and all
portions of ordinances upon which the codification thereof is based,
are hereby repealed:
23-2
23-4
23-5
SECTION 2. PURPOSE.
23-6 23-24
23-7 23--25
23-12
The purpose of this ordinance shall be to generate suffici-
ent revenue to pay all costs for the operation and maintenance of the
complete wastewater sewerage system. The costs shall be distributed'
to all customers of the wastewater system in proportion to each cus-
tomer's contribution to the total loading of the treatment works.
Factors such as strength (BOD and SS), volume, and delivery flow rate
characteristics shall be considered and included as the basis for the
customer's contribution to ensure a proportional distribution of oper-
ation and maintenance costs to each customer.
SECTION 3. DETERMINING THE TOTAL ANNUAL COST OF OPERATION AND
MAINTENANCE.
The City of Kalispell shall determine the total annual costs
of operation and maintenance of the wastewater system which are neces-
too maintain the capacity and performance, during the service
of the sewerage works, for which such works were designed and
The total annual cost of operation and maintenance shall
incl, :"e, but not be limited to, labor, repairs, equipment, replace-
maintenance, necessary modifications, power, sampling, labora-
tor.y tests and a reasonable contingency fund.
SECTION 4. DETERMINING EACH CUSTOMER'S WASTEWATER CONTRIBUTION
PERCENTAGE.
The City of Kalispell shall determine each customer's
volume of wastewater which has been discharged to the wastewater sys-
tem, which shall then be divided by the volume of all wastewater dis-
charged to the wastewater system, to determine each customer's Volume
Contribution Percentage. The amount used as the total volume of
wastewater shall exclude infiltration and inflow. The City of Kalis-
pell shall determine each customer's average daily poundage of 5-day
20 degree Centigrade Biochemical Oxygen Demand (BOD) which has been
discharged to the wastewater system, which shall then be divided by
the average daily poundage of all 5-day BOD discharged to the waste-
water system to determine each customer's BOD Contribution Percentage.
The City of:talispell shall determine each customer's average Sus-
pended Solids CSS)_Poundage which has been discharged to the waste-
water system which shall then be divided by the average daily pound-
age of all Suspended Solids discharged to the wastewater system, to
determine the customer's Suspended Solids Contribution Percentage.
Each customer's Volume Contribution Percentage, BOD Contribution Per-
centage and Suspended Solids Contribution Percentage shall be multi-
plied by the annual operation and maintenance costs for wastewater
treatment of the total volume flow, of the total 5--day 20 degree cen-
tigrade BOD and of the Suspended Solids, respectively.
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SECTION 5. DETERMINING_ A SURCHARGE_. SYSTEM FOR CUSTOMERS WITH
EXCESS BOD AND SS.�
The City of Kalispell will determine the average suspended
solids (SS) and biochemical oxygen demand (BOD) daily loading for
the average -residential customer. The City of Kalispell will assess
a surcharge rate for all non-residential customers discharging wastes
with BOD and SS strengths greater than the average residential cus-
tomer. Such customers will be assessed a surcharge sufficient to
cover the costs of treating wastewater above normal strength wastes.
Normal strength wastes are considered to be 200 p.p.m. BOD and 250
p.p.m. SS. The surcharge rate structure for such above normal
strength waste dischargers shall be included in the Rate Schedule.
SECTION 6. DETERMINING WASTEWATER SERVICE CHARGE.
Each non-residential customer's wastewater treatment cost
contributions as determined in Sections 3 and 4 shall be added to-
gether to determine such customer's wastewater service charge. The
City of Kalispell may classify industrial, commercial and other non-
residential establishments as a residential customer, provided that
the wastes from these establishments are equivalent to the wastes
from the average residential customer with respect to suspended
solids and BOD. Each customer's wastewater treatment cost contribu-
tion will be assessed in accordance with the Rate Schedule, as
approved by the Public Service Commission and/or the City of Kalispell.
A minimum charge shall be a part of the rate charged to
each customer. This minimum charge shall be sufficient to cover the
administrative costs and line sizes necessary to adequately serve
each residence. The minimum charge shall allow sewage to be dis-
charged into the sewerage system without a further per gallonage
charge if the gallonage is less than the minimum rate divided by the
gallonage rate.
SECTION 7. WASTEWATER FACILITIES' REPLACEMENT FUND.
A reserve fund called the "Wastewater Facilities Replace-
ment Fund" is hereby established within the wastewater utility fund,
as an interest bearing account, for the purpose of providing suffi-
cient funds to be expended for obtaining and installing equipment,
accessories and appurtenances during the useful life (20 years) of
the wastewater treatment facilities necessary to maintain the capa-
city and performance for which such facilities are designed and con-
structed. A deposit of $ 31,000.00 per year, beginning on July
1, 1982, shall be made into the said reserve fund and an additional
deposit in the amount of one -twentieth (1/20) of the cost of equip-
ment, accessories and appurtenances added to the Wastewater Treatment
Plant shall be made each year beginning on the first July 1 date fol-
lowing the completion of the addition. The amount added to the fund
shall be reduced after the twentieth (20th) payment for each specific
piece of equipment, accessory or appurtenance.
SECTION 8. PAYMENT OF WASTEWATER SERVICE'CHARGE AND PENALTIES.
A statement shall be submitted to the customer for the
wastewater service charge in accordance with the Rules and Regula-
tions for the Kalispell Sewer Department. There may be an added
penalty adopted by the City Council if the payment is not received
by the Kalispell Sewer Department within the time period noted on
the statement. Should any customer fail to pay the customer waste-
water service charge and penalty within the time period stated in
said Rules and Regulations, wastewater service shall be stopped after
proper notification, as stated in said.Rules and Regulations-.
SECTION 9. REVIEW OF WASTEWATER SERVICE CHARGE,
The City of Kalispell shall review%the total annual cost
of operation and maintenance, as well as each customerls Wastewater
Contribution Percentage not less often than every two years and
will revise the Rate Schedule as necessary to assure equity of the
service charge system established herein and to assure that suffi-
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cient funds are obtained to adequately operate and maintain the
wastewater sewerage works. If a significant customer, such as an
industry, has completed in -plant modifications which would change
the customer's wastewater Contribution Percentage, the customer
can present at a.regularly scheduled meeting of the City Council
such factual information and the City shall then determine if the
customer's Wastewater Contribution Percentage is to be changed.
The City shall notify the customer of its findings as soon as pos-
sible.
SECTION 10.' CUSTOMER CHARGES FOR WASTEWATER TREATMENT.
Each customer shall be notified annually, in conjunction
with a regular bill, of that portion of the customer's charges
which are attributable to wastewater treatment services.
SECTION 11. WASTES PROHIBITED FROM BEING DISCHARGED TO THE
WASTEWATER TREATMENT SYSTEM.
The discharge of any waters containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either singly, or
by interaction with other wastes, to contaminate the sludge of the
City. of Kalispell sewerage system, or to injure or interfere with
any sewage treatment process, constitute a hazard to humans or ani-
mals, create a public nuisance, or create any hazard in or have an
adverseaffect on the waters receiving any discharge from the treat-
ment works is hereby prohibited. Substances specifically prohibited
are:
(1) Any liquid or vapor having a temperature higher than
one hundred fifty degrees (150°) F, (650 C) , or hav-
ing flammable or explosive qualities.
(2) Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of one
hundred (100) mg/l or containing substances which
may solidify or become viscous at temperatures be-
tween thirty-two (32) and one hundred fifty degrees
(150°) F, (0 and 65' C).
(3) Any garbage that has not been properly shredded.
The installation and operation of any garbage grin-
der equipped with a motor of three -fourths (3/4)
horsepower or greater shall be subject to the review
and approval of the City of Kalispell.
(4) Any waters or V4astes containing strong acid iron
pickling wastes or concentrated plating solutions
whether neutralized or not.
(5) Any waters or wastes containing iron, chromium cop-
per, zinc and similar.objectionable or. toxic sub-
stances; or wastes exerting an excessive chlorine re-
quirement; to such degree that any such material re-
ceived in the composite sewage at the sewage treat-
ment works may exceed the limits established by the
City of Kalispell to comply with applicable State
and Federal regulations.
(6) Any waters or wastes containing phenols or other
taste- or odor -producing substances, in such concen-
trations exceeding limits which may be established
by the City of Kalispell as necessary, after treat-
ment of the composite sewage, to meet the require-
ments of the State, Federal or other public agencies
of jurisdiction for such discharge to -the receiving
waters.
(7) Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established
by the City of Kalispell to comply with applicable
State or Federal regulations.
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(8) Any waters or wastes having a phi in excess of 9.5
or under 5.5.
(9) Materials which exert or cause:
(a) Unusual concentrations or inert suspended
solids (such as, but not limited to,
Fullers earth, lime slurries and lime
residues) or of.dissolved solids (such as,
but not limited to, sodium chloride and
sodium sulfate).
(b) Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tan-
ning solutions).
(c) Unusual BOD, chemical oxygen demand, or
chlorine requirements in such quantities
as to constitute a significant load on
the sewage treatment works.
(10) Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage
treatment processes employed or are amenable to treat-
ment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the
receiving waters.
SECTION 12. PROHIBITION OF CLEAR WATER CONNECTIONS.
No person shall make connection of roof downspouts, ex-
terior foundation drains, areaway drains, or other sources of sur-
face runoff or groundwater to a building sewer or building drain
which in turn is connected directly or indirectly to a public sani-
tary sewer.
SECTION 13. PROPER DESIGN AND CONSTRUCTION OF NEW SEWERS
AND CONNECTIONS.
The size, slope, alignment, materials of construction of
all sanitary sewers and sewer connections, and the methods to be
used in excavating, placing of the pipe, jointing, testing and back --
filling the trench, shall all conform to the requirements of the
building.and plumbing code and the Standard and General provisions
for Design and Construction adopted by the City of Kalispell.
SECTION 14. RULES AND REGULATIONS.
The City Council is hereby authorized to adopt or amend
Rules and Regulations which shall set forth criteria to insure ade-
quate service by the Kalispell Sewer Department, prevent unfair
charges to the customer and to protect the Kalispell Sewer Depart-
ment from unreasonable demands. The decision of the City Council
to adopt or amend such Rules and Regulations shall be made by
Resolution duly adopted and approved and filed with the City Clerk.
SECTION 15. CONNECTION FEES.
Before the sewer drain of any public or private building
may be connected with or hooked onto the city sewer system, a con-
nection fee shall be paid to the City Treasurer, and it is unlaw-
ful for any person to connect, attach or hook up the sewer service
line of any public or private structure to the city sewer system
without having first paid such fee.
The City shall maintain.a "Special Sanitary Sewer Capital Improve-
ment Fund" interest bearing account. All connection fees collected
by the City pursuant to this section shall be deposited into such
account. The funds accumulated in such account shall be, retained
therein and used by the City only for the purpose of helping to pay
for the enlargement of the existing sanitary sewerage system as it
becomes inadequate and needs replacement because of added loads.
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SECTION l&. The City Council is hereby authorized to adopt, establish
or change the rates, charges or classifications imposed on the customers of the
City of Kalispell Sewer Utility in the manner of and pursuant to the procedures
imposed upon and allowed to municipal utility services by the laws of the State
of Montana. The decision of the City Council to adopt, establish, or change
said rates, charges or classifications shall be made by resolution duly adopted
and approved and filed with the City Clerk.
SECTION 17. A schedule of rates, charges or classifications imposed upon
the customers of the City of Kalispell Sewer Utility and a copy of the rules
established for the operation of said utility shall be kept and maintained in the
office of the head supervisor of said Sewer Utility and same shall be made
available for public inspection at any time during regular office hours.
SECTION 18. All other Sections of Chapter 23, Kalispell City Code, not
hereby repealed shall remain in full force and effect..
SECTION 19. This ordinance shall be effective thirty days from and after
its final passage by the Council and approval by the Mayor.
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AND
APPROVED BY THE MAYOR THIS 1ST DAY OF FEBRUARY , 1982.
ATTEST:
Ma jorie Giermann, City Clerk
LeRoy P. McDowell, Mayor
I, Marjarile Giermann, City Clerk of the City of Kalispell, do certify that on the Z/ day
of , 19 ga- , I posted a copy of the foregoing ordinance 'n my office
and th same rem ed posted until the second reading on the j day of 19�
and that the for going is a true and correct copy of the or ante as passed by th ity
Council. `
City C rk of the City of Kalispell, Montana
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