G1. Evergreen Sewer Regulation Public HearingCITY OF
KALISPELL
MEMORANDUM
To: Doug Russell, City Manager
Cc: Charles Harball, City Attorney
From: Susie Turner, Public Works Director
Subject: Public Hearing on Amendments to the Sewer Rate Schedules and
Regulations
Meeting Date: May 2, 2022
Evergreen Water and Sewer District on Febuary 23, 2022, adopted an Ordinance with new rate
and fee schedules for their services. Adopted in the Ordinance was a new Meter Fee of $3.00 per
account charged monthly to the City for meter data from each of the City's sewer customers
connected to Evergreen Water for water service.
Prior to the new Evergreen Meter fee being implemented, Evergreen provided water meter data
for the City sewer customers, as a courtesy, free of charge. Per the City of Kalispell Sewer
Regulations "Customers which are not connected to City water, but which discharge sewage into
the city sanitary sewer shall have their water service metered. The metering shall be at the
expense of the customer, including the meter, and be compatible with the City's metering
system. "
To accommodate for the new Evergreen Meter fee, the City is proposing updating the City's
Sewer Regulation and fee schedule for City Sewer customers - Evergreen Water customers. The
proposed City sewer regulation amendments reflect the Evergreen Meter rate of $3.00 per
account per month for City Sewer customers - Evergreen Water customers. City sewer
customers affected by the new Evergreen Meter fee are in City annexed areas east of town and
adjacent to Whitefish Stage Road and Woodland Park Drive.
A legal notice of the proposed sewer rate increase was sent to Evergreen Water — City Sewer
utility customers and city parcel owners, in addition to being advertised via local newspaper,
social media and on the City's website. Thus far, the City has received 5 comments from the
public regarding the addition of the Evergreen Meter Fee. A summary of the comments and City
responses are provided as an attachment.
As part of the consideration for the regulation amendments, notification and public hearing
processes are applicable. As such, the requirement for a public hearing prior to Council taking
action for the proposed amendment is scheduled for the May 2, 2022, Council Meeting. The
Public Hearing is limited to listening to the public regarding Council's intent to act upon the
proposed sewer rate schedule and regulation amendments. Action by the Council shall take
place thereafter at a subsequent council meeting.
ATTACHMENTS: Public Comments Log, Response, and Summary
Sewer Rate Adjustment Legal Notice
Sewer Regulation Amendments
2
Public Comments Log, Response, and Summary
Public Outreach Effort
A legal notice of the proposed sewer rate increase was sent to Evergreen Water — City Sewer
utility customers and city parcel owners, in addition to being advertised via local newspaper,
social media and on the City's website. Comments were received via email, phone calls, letters,
and City office visits. Comments and responses were logged and are provided as an attachment
in a table format.
Overall Comments Received
As of April 26, 2022, the City has received five comments on the rates and regulations.
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COMMENT LOG
April 20, 2022
To: Kalispell City Manager Doug Russell, Mayor Mark Jnhnsnn, and City Council Members
This is a response to City Clerk Aimee Rrwt,ckhorst's leer dat*d April 6, 2022 concerning the
public hearing to amend certain parts of the City's regulatiprs to reflect the adiitinnal monthly fee
of $3.00 to be cha gcd to City residents that receive t ieir water from the Evergreen Water and
Sewer District (District). The water meter readings oft ese City residents are necessary for the ciN
to determine the monthly svwcr treatment cha¢gm I always believed the District desrrved
compmadon for the verifiable timr and materials required W provide the City with the customer
usage information.
The District collects the water usage data {meter reading} monthly far their billing purposes. A
separate reading is not required specifically for the- City risidert's waler billing Purposes. The usego
data that was collected is Bien uploaded into the Districts billing system. When they do this they are
able to send the City the upload reads by email in an excel format. The City then inputs this
information into the billing system to determine the sewer treatment charges. Not all that much to- it
There are 867 City residents that are on Evergreen Water that the S3-00 monthly fee impacts -
Following are the calculations illustrating the monetary impacts on these 867 City residents.
867 City residents x $3-00 per month = $2601 per month-
$2601 per month x 12 months = $31, 212 per year -
Assuming the District ernployem pay rate at $20.00 per hour this represents 1560 hours a year to
input the usage data and Send the City the monthly upload reads by email in an excel format- This is
way beyond the bounds of possibility-
When thr City Council rrvicws the armual budget requests from the City departments, the request
must inch,, jV$tifi08ti4n and Supportive information in order to be considered for approval- It is the
responsibility of the City Manager, the Mayor, and the City Council to protcrt City midcnis fmQn
being subjected to unacceptable and unjustifiable expenditures, The same level of scrutiny must be
applied io the Districts unacceptable and unjustifiable fees.
On behalf of the 867 City residents impacted by this, I am rcqucsting the City C'-oundl tv obtain a
verifiable accounting of the time: and materials upon which the Districl dela nir" the $3.00
monthly fee.
Do not update the City Regulations until such time as the City Cotmail is satisfied that the final Fee
that will be assessed by the District to the 867 City residents is fair and mprtstnts the verifiable
costs by the District to provide the swr, ice.
Respectfully submitted,
Fred a ny
46 E- Nicklaus Avenue
alispell,MT 59901
CITY OF
KALISPELL
April 6, 2022
To City Sewer - Evergreen Water Customers:
City Clerk and Communications
201 1st Avenue East, PO Box 1997
Kalispell, MT 59903
406-758-7756 cityclerk@kalispell.com
Evergreen Water and Sewer District on Febuary 23, 2022, adopted an Ordinance with new rate
and fee schedules for their services. Adopted in the Ordinance was a new Meter Fee of $3.00 per
account charged monthly to the City for meter data from each of the City's sewer customers
connected to Evergreen Water for water service.
Prior to the new Evergreen Meter fee being implemented, Evergreen provided the water meter
information for the City sewer customers to the City, as a courtesy, free of charge. Per the City
of Kalispell Sewer Regulations "Customers which are not connected to City water, but which
discharge sewage into the city sanitary sewer shall have their water service metered. The
metering shall be at the expense of the customer, including the meter, and be compatible with the
City's metering system. "
To accommodate for the new Evergreen Meter fee, the City is proposing updating the City's
Sewer Regulation and fee schedule for City Sewer customers - Evergreen Water customers. The
proposed City sewer regulation amendments reflect the Evergreen Meter rate of $3.00 per
account per month for City Sewer customers - Evergreen Water customers.
City customers affected by the new Evergreen Meter fee are City sewer only customers in City
annexed areas on the east side of town and adjacent to Whitefish Stage Road and Woodland Park
Drive. A copy of the proposed updates for the Sewer Regulations, and Correspondence from
Evergreen Water and Sewer District 1 regarding the implementation of the new Evergreen Meter
fee can be obtained from the city's website at the following location:
hllps://www.kalispell.com/679/Public-HeghM.
The enclosed notice provides information regarding the public hearing on this matter.
Sincerely,
Aimee Brunckhorst, CMC
City Clerk & Communications
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that on the 2nd day of May 2022 at 7:00 o'clock p.m., in
the Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, Montana, the City
Council of the City of Kalispell shall hold a Public Hearing on proposed amendments to the
Regulations of the city Water Utility.
It is the intent of the City of Kalispell to amend certain parts of its regulations to reflect
the additional monthly fee of $3.00 charged to its City sewer users who receive their water from
Evergreen Water to reimburse the City for the charges it must pay Evergreen Water for reading
the water meters of those City sewer users.
The proposed amendments can be viewed on the city's website at
www.kalispell.com/679/Council-Public-Hearings or in the Public Works office at 201 First
Avenue East, Kalispell. For further information contact: Public Works, P.O. Box 1997,
Kalispell, MT, 59903, telephone: 758-7720.
Any person wishing to address the proposed amendments may appear at this hearing and
make oral statements or present their comments in writing. Written comments may be submitted
to the City Clerk at the above noticed meeting, or prior to the meeting either by mail at P.O. Box
1997, Kalispell, MT 59903, by email at publiccomment(cr�,kalispell.com or in person at City Hall,
201 First Avenue East.
Dated this 4th day of April 2022.
Aimee Brunckhorst, CMC
City Clerk
Publish: April 10, 2022
April 17, 2022
April 24, 2022
CITY OF
KA ISPELL
RULES AND REGULATIONS
GOVERNING SEWER SERVICE
Update Date
PUBLIC WORKS DEPARTMENT
CITY OF KALISPELL, MONTANA
TABLE OF CONTENTS
Purpose Rules and Regulations........................................................................................I
Definitions........................................................................................................................... I
Recordsand Reports..........................................................................................................3
Preservation of Records................................................................................................3
Filing of Rules, Regulations, and Rate Schedules........................................................3
Financial and Statistical Report....................................................................................4
CustomerInformation.......................................................................................................4
Rates.............................................................................................................................4
Rulesand Regulations..................................................................................................4
Posting..........................................................................................................................4
Usesand Charges...............................................................................................................4
FreeSewage.................................................................................................................4
TemporaryServices......................................................................................................4
No City Water But City Sanitary Sewer......................................................................5
UsageRestriction.........................................................................................................5
Annexation Required for Initiation or Continuation of Sewer Service ........................5
RateEstablishment............................................................................................................5
Application for Sewer Service...........................................................................................6
Refusal to Serve Customer................................................................................................6
Billing..................................................................................................................................7
Methodof Billing.........................................................................................................7
Billing Periods and Payment........................................................................................7
Openingand Closing Bills...........................................................................................7
BillingInformation.......................................................................................................7
Adjustmentof Bills......................................................................................................8
Errorin Billing.............................................................................................................8
DeadMeters.................................................................................................................8
Complaints..........................................................................................................................8
ServiceInterruptions.........................................................................................................9
Notification of Scheduled Interruption.........................................................................9
EmergencyInterruption................................................................................................9
Liability........................................................................................................................9
Adjustment of Rate for Interruption.............................................................................9
Discontinuance of Service..................................................................................................9
Vacationof Premises....................................................................................................9
Temporary Discontinuance........................................................................................10
Discontinuance by Sewer Department.......................................................................10
Extension of Sewer Mains...............................................................................................10
Costof Extensions......................................................................................................10
Extension Agreement or Late -Coming Customer Fee...............................................11
Standardsof Installation.............................................................................................11
OversizingMains.......................................................................................................11
Additional Extensions................................................................................................11
Service Lines and Connections.......................................................................................11
MainConnections.......................................................................................................11
ServiceLines..............................................................................................................11
Maintenance of Service Lines....................................................................................12
Abandonmentof Service.................................................................................................12
Storm Drainage and Other Wastes Prohibited.............................................................12
Increased Concentration of Wastewater Pollutants.....................................................12
PrivateMains...................................................................................................................13
RegulationAmendments.................................................................................................13
RULES AND REGULATIONS
FOR THE
KALISPELL SEWER DEPARTMENT
Rule I Purpose of Rules and Regulations
The purpose of these rules and regulations is to set forth criteria to ensure adequate service,
prevent unfair charges to the customer, and to protect the Kalispell Sewer Department from
unreasonable demands.
The Kalispell Sewer Department is governed by the Kalispell City Council, hereinafter
referred to as the City Council, and is under the direct supervision of the Director of Public
Works. The adoption of these Rules and Regulations shall not preclude the City Council
from altering or amending them, in whole or in part, or from requiring other or additional
service, equipment, facility or standard, either upon complaint, upon its own motion or
upon application of the Director of Public Works.
These Rules and Regulations do not in any way relieve the Kalispell Sewer Department
from any of its duties under the laws of the State of Montana. The authority requiring the
Rules and Regulations is contained in Title 69, Chapter 7, Montana Code Annotated.
Rule II Definitions
The words or phrases used hereinafter shall mean as follows:
1. "City Council" means the duly elected governing body of the City of Kalispell, to
include the Mayor.
2. "CA. Manager" means the duly appointed City Manager of the City of Kalispell or
any person authorized by him/her to perform acts in his/her behalf.
3. "City Sanitary Sewer" means the system operated by the Kalispell Sewer Department
for the collection, conveyance, and treatment of sewage.
4. "City Water" means water furnished by the Kalispell Water Department.
"Collection Main" means sewer pipe owned, operated and maintained by the Sewer
Department, which is used for the purposes of collecting and conveying wastewater
and sewage, and to which service connections are attached. A pressurized main or force
main is not considered to be a collection main.
6. "Commercial Service" means any sewer usage other than solely for residential
purposes except in a residence in which the resident operates a neighborhood business
occupying less than thirty percent of the living area and which the water consumption
for the business would be insignificant. Where a single structure has a neighborhood
business exceeding the foregoing or has more than one business combined with a
residence, the sewer service shall be considered "Commercial Service". Commercial
Service includes, but is not limited to: schools, hospitals, nursing homes, churches,
hotels, motels, trailer parks, apartments, duplexes, condos, multi-plex units, and
rooming housing with two or more rooms on a rental basis are considered Commercial
services and not Residential.
7. "Customer" or "Consumer" means any individual, partnership, association, firm,
public or private corporation or government agency, or any other user receiving sewer
service. In the case of a tenant or landlord, the property owner is considered the
customer or consumer.
8. "Developer" means any person, firm, corporation, or other entity that causes
improvements to be made upon the land with said improvements requiring sewer
service.
9. "Director of Public Works" means the Director of Public Works for the City of
Kalispell or any person authorized by him/her to perform acts in his/her behalf.
10. "Domestic Sewage" is defined as the liquid waste collected from customers, residences,
business buildings and institutions which contains organic matter associated with
products consumed by humans.
11. "Extension Agreement/Latecomer Agreement" means an agreement between the City
of Kalispell and a Developer which allows the Developer to connect onto an existing
main owned by the City, and extend water or sewer service to the property of the
Developer. The Agreement sets forth the value of the extended main and the charges
for new customer connections to the extension main which are paid to the Developer.
The said Agreement must be adopted by Resolution of the City Council and signed by
the Mayor and the Developer.
12. "Force Main" or "Pressurized Main" is a pressurized sewer pipe owned, operated, and
maintained by the Sewer Department, which is used for the purpose of conveying
2
sewage from lift stations to other sewer collection mains. No private sewer taps shall
be made on city force mains.
13. "Industrial Waste" is defined as the liquid waste which has any other consistency than
"Domestic Sewage".
14. " Permittee" means any person, firm, corporation or other entity which obtains a written
permit to cause construction work to be performed in accordance with the permit.
15. "Private Main" means any sewer pipe not owned, operated and maintained by the City
of Kalispell to which more than one service line was originally connected.
16. "Public Service Commission" means the Montana Public Service Commission.
17. "Residential Service" means sewer usage solely for residential purposes.
18. "Service Connection" means the connection and or the tap at the collection main which
connects the customer's service pipe to the main.
19. "Service Pipe or "Service Line" means the piping from the service connection and or
tap at the main to the customer's premises.
20. "Sewer Department" means the City of Kalispell Sewer Department.
21. "Standards" shall mean the current "Standards for Design and Construction", as
adopted by the Kalispell City Council.
22. "Water Department" means the City of Kalispell Water Department.
Rule III Records and Reports
1. Preservation of Records: All records required by these Rules shall be preserved by the
Sewer Department in accordance with the "Rules to Govern the Preservation of
Records of Public Utilities and Licensees", as prescribed by the National Association
of Regulatory Utility Commissioners (NARUC), dated April, 1972.
2. Filing of Rules, Regulations, and Rate Schedules: No rules, regulations or schedules
of rates or modification of the same, shall be effective until adopted by the City
Council.
3
3. Financial and Statistical Report: The Sewer Department shall file annually a Financial
and Statistical Report upon forms to be furnished by the Public Service Commission.
This report shall be filed on or before October 31 of each year as set forth in Section
69-3-203 MCA.
Rule IV Customer Information
1. Rates: Sewer Department personnel shall explain to the customer, during the
application for service, or whenever the customer requests to do so, the Sewer
Department's rates applicable to the type of service furnished to the customer. The
Sewer Department shall supply the customer, when requested, with a copy of the Rate
Schedule.
2. Rules and Regulations: A copy of the Rules and Regulations of the Sewer Department
and any contracts and applications applicable to the Sewer Department shall be
maintained in the office for inspection by the public.
3. Posting: A suitable placard in large type shall be exhibited in a conspicuous location,
giving information to the customer that a copy of the Rules and Regulations of the
Sewer Department and the schedule of rates are kept for their inspection. The
information shall state that the Sewer Department is regulated by the Kalispell City
Council and under the direct supervision of the Director of Public Works.
Rule V Uses and Charges
1. Free Sewage: The Sewer Department shall not supply free sewer service to any
customer.
2. Temporary Services: Sewage from construction, special projects, or other short-term
usage must be applied for specially and shall be for a period no longer than six months.
The usage charge shall be based on a water meter reading and the current Rate
Schedule.
In all cases, the customer must pay for all charges necessary to provide the temporary
service, including the removal of the service and water meter, if required. Temporary
sewer service, if granted, may be terminated by the City after three days prior written
notice of termination has been personally delivered or mailed to the owner's
representative's last known address. Receipt of temporary service does not in any way
entitle a customer to permanent service.
U
3. No City Water But City Sanitary Sewer: Customers which are not connected to City
water, but which discharge sewage into the city sanitary sewer shall have their water
service metered. The metering shall be at the expense of the customer, including the
meter, and be compatible with the City's metering system. Kalispell Water Department
personnel shall have access to the water meter for reading purposes. There will be no
charge made for the water used, but the meter reading will be used as a basis for a sewer
service charge. The Water Department reserves the right to check the customer's meter
for accuracy. Meters which are found to be over 2% in error, in the customer's favor,
shall be replaced or repaired by Water Department personnel, at the customer's
expense.
4. Usage Restriction: The Sewer Department agrees to collect sewage from certain
specified locations for a certain specified fee. Usage shall be in accordance with the
City of Kalispell Ordinance No. 854 or its subsequent amending ordinance. If a
customer supplies sewer services to other locations without written permission from
the Director of Public Works, discharges sewage for other consistencies than those for
which the customer is paying, or discharges prohibited waste it is a violation of the
service contract. Upon discovery by the Sewer Department of a violation of usage, the
customer shall be mailed a written notice of such offense. After 30 days from the date
of mailing said written notice, the Department of Public Works may have the service
discontinued until such time as the additional services furnished have been paid for or
the violation rectified. In the case of fraudulent use or if a dangerous condition is found
to exist on the customer's premises, services may be discontinued immediately, without
advance notice. An example of a dangerous conditions is one which could cause
damage to the city sanitary sewer system or one which could potentially allow
containments to enter the city sanitary sewer system.
5. Annexation Required for Initiation or Continuation of Sewer Service: Any customer
now receiving, or hereafter initiating, sewer service supplied by the Kalispell Sewer
Department, shall be deemed to have consented to, and waived the right to protest,
annexation to the City of Kalispell, as a condition of continuing or initiating said sewer
service.
Rule VI Rate Establishment
All rates and rate adjustments shall be adopted by the City Council through the Hearing
Process as provided by law. The rates shall be in accordance with Exhibit "A" attached.
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Rule VII Application for Sewer Service
All customers desiring sewer service must make written application at the Sewer
Department office on forms provided therefore, setting forth in said application the type
of sewage to be discharged into the city sewage system. In cases where the customer is
not the owner of the premises, the owner is primarily liable for payment for sewer
service and the customer is jointly and severally liable for such payment. All
applications for the collection of sewage from any premise must be signed by h
property owner. Any change in the identity of the contracting customer at a premise
will require a new application.
While the contracting user is a renter, leasee, or is not the property owner, an
application for sewer service shall be made in the consumer's own name. The owner
shall be primarily liable for payment of the sewer service and the renter or lease shall
be jointly and severally liable for such payment. In such instance, the Sewer
Department shall notify the property owner of the new service application and place
the contracting user's name and date of service application as an endorsement on the
property owner's application.
Special written applications must be made for service other than strictly domestic
sewage.
It is the responsibility of the applicant to contact the Director of Public Works or City
authorized representative, prior to making application to be sure that there is a sewer
main adjacent to the applicant's property. If no main exists, it is the applicant's
responsibility to install a main, in accordance with City Standards, at the applicant's
expense.
All premises to be served which have not previously been served by the system will be
assessed an impact fee. Impact fees are due and must be paid before service application
may be approved.
Rule VIII Refusal to Serve Customer
The Sewer Department may decline to serve an applicant:
(1) Until the applicant has complied with these Rules and Regulations governing sewer
service, or
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(2) if, in the judgment of the Director of Public Works, the applicant's installation of piping,
equipment, or appurtenances is regarded as potential health hazard or of such character that
it is considered industrial waste or,
(3) if the applicant's system could cause damage or harmful effects to the Sewer
Departments ability to satisfactorily treat such sewage within the limitations of the
Kalispell Wastewater Treatment Plant.
In the event the Sewer Department refuses to serve an applicant under the provisions of
this rule, the Sewer Department shall inform the applicant that the applicant may submit
the question of refusal to serve to the City Council for their review and decision.
Rule IX Billing
Method of Billing: The billing for domestic sewage shall be based on the comparative
volume of flow, as determined by water meter readings, except that (1) fixed charges
will be assessed in accordance with the Rate Schedule, and (2) there will be no charge
for water passing through the meter which is reasonably determined to be used for
water sprinkling. The billing for industrial wastes and high strength wastes shall be
based on the water meter reading plus an increased amount, as determined by the City
of Kalispell ordinance to cover the special or increased cost of treating said waste at
the Wastewater Treatment Plant.
2. Billing Periods and Pam The charges for municipal sewer services shall be billed
at least monthly. To meet unusual conditions, such as discontinuances, the utility may
render bills for service at other than the aforementioned intervals. The date of the month
for reading any meter shall be, as close to practical, to the same date as the preceding
reading. The billing dates shall likewise be monthly, with a date of mailing of said bill
as near as practical to the date of mailing of the previous bill. In cases of leased
property, all billing shall be sent to the tenant and property owner, unless the property
owner agrees to be billed directly. Except for customers covered by Rule V (3), the bill
for sewer service will be combined with the bill for water usage. Payment must be made
for the total due for both water and sewer to constitute full payment for either.
3. Opening and Closing Bills: Opening and closing bills for sewer service will be
computed in accordance with the rate applicable to the service, by amount of water
used and the fixed charge, on a pro -rated basis of the number of days in the period of
question to the number of days in the normal billing period.
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4. Billing Information: Bills shall show the water meter readings at the beginning and the
end of the period for which the bill is rendered, the date of the meter reading, the
number of gallons supplied, and the date upon which payment is overdue.
5. Adjustment of Bills: If the customer believes the meter reading shown on the bill is
incorrect by comparing previous billings and current readings, the customer shall notify
the Sewer Department within five days of receipt of the billing in question. In case of
a dispute as to the accuracy of the meter owned by the Water Department, the customer,
upon depositing the amount set forth in the City of Kalispell Water Rate Schedule, may
request that said meter be removed and tested in accordance with the Rules and
Regulations of the Kalispell Water Department.
If the meter is not owned by the Water Department, the customer, at the customer's
expense, shall determine the accuracy of the water meter if the customer disputes the
accuracy of the meter. If the Sewer Department disputes the accuracy of said meter, the
Sewer Department, at the Sewer Department's expense, may determine the accuracy
of said meter and if said meter is found to be inaccurate over two percent in favor of
the customer, the customer shall make the necessary repairs, at the customer's expense,
to bring the meter into tolerance or replace said meter. Billing adjustments shall be
made for inaccurate meters in the same manner and in accordance with the Rules and
Regulations of the Kalispell Water Department.
6. Error in Billing: if an error in billing or meter reading has been made, the City may
recover any undercharge or must refund any over -collections for the previous six
months, as applicable.
7. Dead Meters: If a meter is found not to register for any period, the Water Department
shall compute the water used as follows:
a. For customers who have been served for over one year, the amount billed shall
be based on the same consumption use as occurred during the same period the
previous year.
b. For customers who have been served for less than one year, the amount billed
shall be based upon water used for the last billing period.
Exceptions will be made to the rule if the facts reasonably show that either method does
not give the correct consumption for the period.
Rule X Complaints
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The Sewer Department shall make a full and prompt investigation of all complaints
made by its customers and report the results thereof to the customer. If the complaint
is not rectified to the satisfaction of the customer, the Sewer Department shall notify
the customer of the privilege to appeal to the City Manager or City Council.
Rule XI Service Interruptions
1. Notification of Scheduled Interruption: Every customer affected by an interruption in
service shall be notified in advance of all programmed work. Such notice shall be made
at least 18 hours in advance in the form of personal contact, or a notification tag placed
on the entrance way for interruptions affecting 24 or fewer customers. For interruptions
affecting a larger area than the foregoing, the notification may be in the form of the
forgoing or a notification over the electronic media at least twice prior to 18 hours
before interruption.
2. Emergency Interruption: In the event of an emergency interruption, the Sewer
Department shall re-establish service as soon as possible. When emergency repairs,
such as main breaks, plugged mains, etc., becomes necessary, a concerted effort shall
be made by the Sewer Department to repair the cause without total disruption of
service, except for that period when complete shutoff may be required due to the nature
of the damage. Notification of affected customers may not be possible. However, every
effort shall be made by the Sewer Department to have an announcement sent over the
electronic media if the period of total interruption is expected to be more than four
hours.
3. Liabili : The Sewer Department shall not be liable to customers or others for failure
or interruption of service due to main breaks, routine maintenance and operations,
plugged mains, acts of God, governmental regulations, court or Public Service
Commission orders, acts of a public enemy, strikes or labor disputes, accidents, weather
conditions, acts of third parties, droughts, or, without limitation by the forgoing, any
other cause beyond the reasonable control of the Sewer Department Personnel.
4. Adjustment of Rate for Interruption: Interruptions of service due to any of the
foregoing or for the customer's frozen facilities shall not render the City liable for any
adjustment in the bill.
Rule XII Discontinuance of Service
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1. Vacation of Premises: Any customer who is about to vacate any premise supplied with
service, or for any reason, wishes to have service discontinued, shall give at least a 24-
hour notice to the Sewer Department. Notice shall specify the date on which
discontinuance is desired. When a customer receives water service from the Kalispell
Water Department, the notice for discontinuance to the Water Department is sufficient
notice for the Sewer Department.
2. Temporary Discontinuance: Notification to the Water Department of the desire to
temporarily disconnect water service will be sufficient notice to discontinue sewer
charges.
3. Discontinuance by Sewer Department: The Sewer Department shall make a diligent
effort to induce the customer to comply with all Rules and Regulations, including
payment of bills. When payment becomes delinquent as indicated by a past due notice
on current billing, the customer shall have ten days after the billing notice to comply
by making payment. If payment is not made, the Water Department or Sewer
Department will place a notice upon the premises that water furnished by the Water
Department cannot be wasted into the Sewer Department's mains. Said notice shall
state the date when the water shall be shut off. The Water Department or Sewer
Department shall not be liable for failure of the customer to see such notice or for
disappearance of the notice from the premises. The Sewer Department shall keep record
of all notices. The Water Department or Sewer Department shall not discontinue
service for non-payment on Friday, Saturday, Sunday, a day prior to a holiday, or if an
emergency affecting health exists. A written statement from a physician or health
agency must be presented to the Sewer Department within five days, if such claim of
emergency is made.
Rule XIII Extension of Sewer Mains
1. Cost of Extensions: It shall be the responsibility of the developer or property owner
to extend and pay all costs thereof, for all main extensions from the existing city
facilities to the site of development in accordance with all City Standards. Under
certain circumstances, the Kalispell City Council may determine that it is
appropriate to approve and enter into a Developers Extension Agreement with the
developer or property owner to provide for the reimbursement of costs associated
with construction of the infrastructure which exceeds the size or capacity of
Standard requirements for the development. This agreement sets forth the value of
the extended main, the charges for new customer connections to the extension main,
and allows the developer to recover costs associated with the extension of said
utility service for Standard improvements greater than required to serve the
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development. The said Agreement must be adopted by Resolution of the City
Council and signed by the Mayor and the Developer.
2. Extension Agreement or Late -Coming Customer Fee: If the City has become
contractually obligated to collect a latecomer fee from a customer who connects to
a main extension associated with an agreement, the City may refuse to allow such
customer to connect to the extension until the fee is paid. If such customer fails or
refuses to pay such fee when required, it shall be sufficient cause for discontinuance
of service. Customers who connect to the system after the extension is complete
and who did not share in the cost of the extension shall pay the main extender a pro
rata share of the costs as defined in the agreement.
3. Standards of Installation: All mains, appurtenances and auxiliary piping shall be
designed and installed in accordance with the City Standards.
4. Oversizing Mains: A Developers Extension Agreement may be established, upon
approval of Council, for main extensions that exceed the size and capacity as
required for the development in accordance with City Standards. However, if the
City requires the customer or developer extending the main to install a larger size
main than required by City Standards, the City shall pay the difference in cost
between the larger main required by the City, and the size of main required by said
standards.
5. Additional Extensions: The City reserves the right to further extend the mains
installed by foregoing customers. The City also reserves the right to charge future
main extenders, for their pro -rated share of the cost for the oversizing of the City's
infrastructure. Such pro -rated cost shall be based on volume of flow contributed by
the development for which the line was further extended, versus the volume of flow
of which the oversized portion of the existing main could handle.
Rule XIV Service Lines and Connections
1. Main Connections: The customer shall perform all necessary excavation over and
around the main and make the service line connection to the main. The customer
shall obtain a permit from the Department of Public Works before making said
excavation and tap. All work shall be performed in accordance with City Standards
and accepted by Public Works prior to backfill.
2. Service Lines: The customer, at the customer's expense, shall install all piping and
appurtenances, from the main connection to the point of usage, and restore all
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surfaces to the condition which existed before the installation. All piping,
appurtenances, and surface restoration shall be installed and tested in accordance
with City Standards. Installation of a back -water apparatus may be required upon
review by the Sewer Department. Structures containing two or more residences
under separate ownership shall have separate service lines from the main for each
residence. Structures containing two or more residences or commercial uses that
are rental units under common ownership shall have one service line for all
occupants within a single structure.
3. Maintenance of Service Lines: The customer shall maintain, at the customer's
expense, all service appurtenances, including the tap at the main, in a good
condition, free from inflow, infiltration, root intrusion, and exfiltration. Failure to
do so shall be cause for discontinuance of service. It is the customer's responsibility
to repair all deficiencies in the service line immediately.
Rule XV Abandonment of Service
When a lot or parcel is developed to a permitted use, all duplicate, excess, and/or
unused services, including stub -outs, shall be abandoned at the main at no cost to
the City. Aggregation of parcels will trigger abandonment of unused services.
Whenever a building served by sewer ceases to exist, services shall be abandoned
at the main. At the discretion of the Sewer Department, however, and depending
upon whether sewer service is anticipated to be renewed within one year,
abandonment may not be required.
Rule XVI Storm Drainage and other Wastes Prohibited
No person shall make connection of roof downspouts, exterior foundation drains,
area drains, sump pumps, or other sources of surface runoff or groundwater to a
building sewer or building drain which in turn is connected directly or indirectly
to the city sanitary sewer. No commercial services shall discharge condensate
water to the city sanitary sewer. No person shall discharge or cause to be
discharged any storm water, surface water, groundwater, roof runoff or subsurface
drainage to the city sanitary sewer. No septic sewage shall be introduced into the
city sanitary sewer system. No prohibited wastes as defined in city code and
ordinances shall be discharged into the sanitary sewer system.
Rule XVII Increased Concentration of Wastewater Pollutants
The Department of Public Works considers the normal domestic strength
concentrations to be 250 parts per million (PPM) Bio-Chemical Oxygen Demand
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(BOD), 250 PPM Total Suspended Solids (TSS), 40 PPM Total Nitrogen (TN), 7
PPM Total Phosphorus (TP), 100 PPM Fats, Oils, and Grease (FOG). The Sewer
Department shall assess a surcharge rate for all non-residential customers
(including but not limited to Districts, commercial, and industrial) discharging
concentrations of BOD, TSS, TN, TP, and FOG greater than the normal domestic
strength in accordance with the City Ordinance and Rate Schedule.
Rule XVIII Private Mains
1. The City shall have no obligation to maintain, test, repair or replace private mains,
and the City shall not be liable or responsible for any damage caused by sewer
leaking from a private main.
2. All customers served by a private main are jointly and severally liable and
responsible for maintaining, testing, and repairing. All customers served by a
private main are advised to replace such line with a properly designed and
installed main.
3. If in the judgment of the Sewer Department a private main has become hazardous,
or could damage or cause harmful effects to the sewer system, to customers, or to
neighboring property owners or residents, the Sewer Department shall give
reasonable notice of the problem and the needed maintenance, testing, repair or
replacement. The Sewer Department shall allow a reasonable time for such work,
based on the severity of the condition giving rise to such notice. If the Sewer
Department determines that it is not feasible or practical to remediate the private
main, the Sewer Department shall give reasonable notice to such customers of the
need to install a new main, or connect to an existing main, in the discretion of the
Sewer Department. The Sewer Department shall allow a reasonable time for such
work, based on the severity of the condition giving rise to such notice. The Sewer
Department may, in their discretion, grant extensions of time. If any customer
fails or refuses to conduct the needed maintenance, testing, repair, or replacement,
or fails or refuses to install a new main or connect to an existing main, it shall be
sufficient cause for discontinuance of service.
Rule XIX Regulation Amendments
The City Council may adopt, establish or change policies which define and govern
the action of the Sewer Department personnel on specific and special conditions.
The said policy shall not conflict with any of the Rules and Regulations contained
herein. The decision of the City Council to adopt, establish or change such policies
shall be made by a motion duly adopted and approved and filed with the City Clerk.
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CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR SEWER
SCHEDULE A
EXHIBIT "A"
EFFECTIVE Update
PAGE NO. 1
RESIDENTIAL AND COMMERCIAL SERVICE
Available for: User premises located within the City Limits
Fixed charge per meter
per month FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27
Charge: $8.44 $11.19 $12.65 $14.22 $15.21 $15.80 $16.28 $16.77
Rate: per thousand gallons/no minimum*
All consumption $4.78 $6.34 $7.17 $8.06 $8.62 $8.95 $9.22 $9.50
*Water billed per Sprinkling rate or separately metered for Sprinkling not subject
to Sewer fee.
MULTIPLE USERS
Number of units will not be a factor in the rate formula.
Special Terms and Conditions
1. Out of City rate 1.25 times the in -City rate.
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR SEWER
SCHEDULE B
RESIDENTIAL AND COMMERCIAL
EXHIBIT "A"
EFFECTIVE Update
PAGE NO.2
Available for: Users of the system NOT SERVED by the City Water Utility but within the City
limits of Kalispell
Rate: Premises discharging sewage into the system from water service originating from
other than metered City Water must install a meter, at user's expense, to provide a
measure of usage.
This provision covers all outside sources of water including wells and outside water
systems.
The charge for sewer services: same as Schedule A
The charge for sewer service for Evergreen Water District customers: same as Schedule A with an
additional Evergreen Meter Fee of $3.00 per customer per month. Evergreen Meter fee will reflect
Evergreen's charge to the City and may be adjusted if or when Evergreen District changes their
fee schedule_
In the case of temporary absence of metering, usage will be estimated.
At the date of the adopting of this Schedule there are wells supplying commercial
and industrial premises, these are required to be metered. Until this metering is
accomplished, the sewer discharge from those premises will be determined from
the capacity of the pump delivering the water and hours of operation of the pump.
In the case of restaurants and bars, etc., served in the same manner, sewer volume
may be determined by comparison with a like situation now metered.
MULTIPLE USERS
Number of units will not be a factor in the rate formula.
Special Terms and Conditions
1. Out of City Rate 1.25 times the in -City rate.
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR SEWER
SCHEDULE C
EXHIBIT "A"
EFFECTIVE Update
PAGE NO.3
Where it has been determined that the analyte concentration of TP (Total Phosphorus), TN (Total
Nitrogen), BOD (Bio-Chemical Oxygen Demand) and TSS (Total Suspended Solids) are present
in sewage discharged by a District, Commercial, or Industrial User, a surcharge will be made as
determined herein:
The Utility will consider the normal domestic strength waste component of sewage to be 7 PPM
TP, 40 PPM TN, 250 PPM BOD and 250 PPM TSS. Surcharges will be assessed to all users
discharging at concentrations, which exceed the component of waste as indicated above:
Strength Surcharge Costs - Over Limit > than (mg/L) of:
FY20
FY21
FY22
FY23
FY24
FY25
FY26
FY27
Bio-Chemical Oxygen Demand
($/Lbs) > 250
$0.24
$0.16
$0.17
$0.18
$0.19
$0.20
$0.21
$0.22
Suspended Solids ($/Lbs) > 250
$0.22
$0.71
$0.74
$0.78
$0.81
$0.83
$0.86
$0.89
Phosphorus ($/Lbs) > 7
$0
$6.10
$6.40
$6.72
$6.96
$7.17
$7.39
$7.61
Nitrogen ($/Lbs) > 40
$0
$1.25
$1.31
$1.38
$1.43
$1.47
$1.51
$1.56
Surcharge costs will be calculated based on the analyte strength (PPM) and wastewater rate of
flow. Flow used in the surcharge calculation shall be the total monthly flow. If an effluent flow
meter is not used or is not operational, the monthly water usage taken during the City's water
meter reading will be used to determine flow. The total surcharge cost will be the summation of
each of the analytes surcharge costs and lab analytical costs for a monthly billing period.
If the concentration of these pollutants is less than that of normal domestic strength waste, the
User shall not receive a surcharge nor receive a credit.
Special Terms and Conditions
1. Out of City rate 1.25 times the in -City rate.