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I7. Ordinance 1912 Chapter 23 Sewers.Sewage.Disposal and Drainage UpdateKALISPELL City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM To: Doug Russell, City Manager From: Susie Turner, P.E. Public Works Director Meeting Date: 7/3/2023 Re: First Reading - Ordinance 1912 Amending Municipal Code Chapter 23 Sewers, Sewage Disposal, and Drains BACKGROUND: Kalispell's Wastewater Treatment Plant MPDES permit requires the creation and implementation of a local pretreatment program. The local program must administer and enforce all national pretreatment standards and requirements in accordance with the Environmental Protection Agency (EPA) National Pretreatment Program published in 40 CFR Part 403. In order to adhere to the requirements within the National Pretreatment Program (40 CFR Part 403), Kalispell will need to update Municipal Code Chapter 23 Sewers, Sewage Disposal, and Drains. The update removes antiquated language and discrepancies between the existing Municipal Code and new Pretreatment and Nondomestic Sewer Use Ordinance 1911. Staff presented an overview of the proposed updates to Chapter 23 Sewers, Sewage Disposal, and Drains and related pretreatment documentation at the April 24, 2023 Work Session, in addition two public hearings were held on May 15, 2023 and June 19, 2023_ No public comment was received regarding the proposed amendments to Chapter 23 Sewers, Sewage Disposal, and Drains. Before Council tonight is the recommendation to approve the first reading of Ordinance 1912 - Amending Municipal Code Chapter 23 Sewers, Sewage Disposal, and Drains with Exhibit A, an Ordinance which supports the Pretreatment and Nondomestic Sewer Use Ordinance 1911 and satisfies the requirements of the National Pretreatment Program (40 CFR Part 403). ACTION REQUESTED: Motion and vote to approve the first reading of Ordinance 1912 - Amending Chapter 23 Sewers, Sewage Disposal and Drains with Exhibit A. ALTERNATIVE: As suggested by City Council. ATTACHEMENTS: Ordinance 1912 - Amending Municipal Code Chapter 23 Sewers, Sewage Disposal, and Drains with Exhibit A. ORDINANCE NO. 1912 AN ORDINANCE AMENDING CHAPTER 23 OF THE KALISPELL MUNICIPAL CODES ENTITLED SEWERS, SEWAGE DISPOSAL AND DRAINS, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, pursuant to Kalispell Municipal Code Chapter 23, entitled Sewers, Sewage Disposal and Drains, the City of Kalispell regulates the use of the sewers, sewage disposal and drains for the purpose of providing for the safe and orderly use of such facilities in the City of Kalispell; and WHEREAS, it is in the best interests of the City and its residents and visitors that its ordinances which regulate sewage and sewage disposal be reassessed and updated from time to time to ensure that the purposes of the regulation and the interests of the public are being properly served; and WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 23 set forth in Exhibit "A", attached hereto, are necessary and proper to align with State and Federal law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Municipal Code is hereby amended asset forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 17TH DAY OF JULY, 2023. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" Chapter 23 SEWERS, SEWAGE DISPOSAL AND DRAINS Article 1 IN GENERAL 23-1 Certain Outhouses and Privies Declared a Nuisance; Notice to Abate. A. Nuisance Declared: If any owner of any lot adjacent to the line of any City water main and adjacent to the line of any sewer in the City shall erect or permit a privy vault or cesspool to exist on such lot, such owner shall be deemed guilty of maintaining and fostering a nuisance and, upon conviction thereof, shall be punished as provided in Section 1-9 of this Code. B. Notice Requirement: It shall be the duty of the Director (as defined in Section 23-20 below) to cause any such owner or his or her agent to be notified of the provisions of this section. The failure of the Director to cause such notice to be given shall not constitute a defense to any violation of the provisions of this section. (R.O. 1947 §§ 937, 938) 23-2 Rep. by Ord. 1002. 23-3 Catch Basins in Garages. It shall be unlawful for any person owning or operating any garage within the City to allow the dirt, debris and refuse matter to accumulate in catch basins maintained under a wash rack in any garage within the City to a height more than six inches (6") from the lower side of the outlet of such catch basin. (R.O. 1947 § 986) Article 2 RATES OR CHARGES 23-13 Storm Sewer Charge; Application and Classification. A special storm sewer charge is hereby imposed on each lot and parcel of land within the City, except the airport, golf course, cemeteries, all public park land and all private park land as defined by Section 28.03-19 of this Code and adjacent City owned areas, for services and facilities provided by the storm sewer. For purposes of imposing the storm sewer charge, all lots and parcels within the City, except those areas as exempted hereby, shall be classified and assessed as follows: Category 1Vacant land up to two (2) acres: Shall be assessed at the same rate as all vacant land up to two (2) acres. Category 1Vacant land over two (2) acres: Shall be assessed a total amount of no more than the assessment for two (2) acres of vacant land. Category 2—Residential land up to one-half (1/2) acre: Shall be assessed at the same rate as all residential land up to one-half (1/2) acre. Category 2—Residential land over one-half (1/2) acre: Shall be assessed a total amount of no more than the assessment for one-half (1/2) acre of residential land. Category 3—Commercial ninety percent (90%) covered: Shall be assessed at a rate set annually by City Council. Category 4—Commercial percent (100%) covered: Shall be assessed at the rate set annually by City Council. (Ord. 1476, 8-18-2003) 23-14 Storm Sewer Charge; Collections. The City Treasurer shall, on or before October 31 st of each year, mail to every owner of a lot or parcel within the City, such ownership to be determined on the same date and in the same manner as are real property taxes, a statement setting forth the annual charge to be assessed against such lot for the storm sewer service thereto. Such charge shall be due and payable on or before 5:00 p.m. on November 30th of each year. Upon failure of the owner to pay such charge, such owner will be in arrears and delinquent on December 31st of such year and such charge shall be collected by the City Treasurer according to the provisions and authority of Montana Code Annotated Section 7-13-4309, as amended. (Ord. 862 § 2, 8-4-1976; amd. Ord. 1421, 5-20- 2002) 23-15 Storm Sewer Charge; Allocation. All collections of the storm sewer charge shall be deposited in the sewerage system fund of the City and credited to the several accounts therein in accordance with the provisions of Ordinance 859 of the City, adopted June 21, 1976. (Ord. 862 § 2, 8-4-1976; amd. Ord. 1011 § 1; Ord. 1421, 5-20-2002) 23-16 Storm Sewer Charge; Complaints; Adjustments. Any person who considers the charges applicable to his or her lot or parcel to be unjust or inequitable may apply to the Director for adjustment thereof, stating, in writing, the grounds for his or her complaint. The Director shall cause an appropriate investigation thereof and report his or her findings to the City Council for review if such complaint is not withdrawn. The Council shall promptly review such report and hear the complaint; if the City Council determines that an adjustment of the charges for any such lot or parcel is necessary to provide for the just and equitable application of the storm sewer charge, it shall so provide, either by an ordinance amendatory hereto or by directives to the City Treasurer fixing special charges for individual lots or parcels. (Ord. 862 § 2, 8-4-1976; amd. Ord. 1421, 5-20-2002) 23-17 Storm Sewer Charge; Delinquency. All charges in arrears and delinquent hereunder shall bear interest and be assessed penalties in the same amounts and at the same rates as are assessed to delinquent real estate taxes. (Ord. 862 § 2, 8-4-1976; amd. Ord. 1421, 5-20-2002) Article 3 SEWER USE Division 1. In General 23-20 Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: BOD; BIOCHEMICAL OXYGEN DEMAND: The quantity of oxygen utilized in the biochemical oxidation of organic matter, under standard laboratory procedure, in five (5) days, at twenty degrees centigrade (20°C), expressed in milligrams per liter. BUILDING DRAIN: That part of the lowest, horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5'), or one and one-half meters (1 1/2 m), outside the inner face of the building wall. BUILDING SEWER: The extension from the building drain to the public sewer or other place or disposal. COMBINED SEWER: A sewer receiving both surface runoff and sewage. DIRECTOR: The Director of Public Works of the City or his or her authorized deputy, agent, or representative. DOMESTIC OR RESIDENTIAL WASTES: Liquid wastes either: a) from the noncommercial preparation, cooking and handling of food, or b) containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions. GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce. HEARING BOARD: That board which may be appointed to conduct hearings. INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes, trades or businesses as distinct from sanitary sewage. MAY: The word "may" is permissive. NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams, per liter of solution. PERSON: Any individual, firm, company, association, society, corporation, or group. PROPERLY SHREDDED GARBAGE: Domestic wastes from the preparation, cooking and dispensing of food, which have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch, or 1.27 centimeters, in any dimension. PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority. SANITARY SEWER: A sewer which carries sewage and into which storm, surface and groundwaters are not intentionally admitted. SEWAGE: A combination of the water -carried wastes from residences, business buildings, institutions, and industrial establishments, as well as such ground, surface and storm waters as may be present. SEWAGE TREATMENT PLANT: Any arrangement of devices and structures used for treating sewage. SEWAGE WORKS: All facilities for the collecting, pumping, treating, and disposing of sewage. SEWER: A pipe or conduit for carrying sewage. SHALL: The word "shall" is mandatory. SLUDGE: Any solid, semi -solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant. STORM DRAIN; STORM SEWER: A sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes other than unpolluted cooling water. TOTAL SUSPENDED SOLIDS (TSS): Solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering. TOTAL PHOSPHORUS (TP): The total phosphate content of water or wastewater including all of the ortho - phosphates and condensed phosphates, both soluble and insoluble, and organic and inorganic species and expressed as elemental phosphorus, P, as determined using approved methods. TOTAL NITROGEN (TN): Total Nitrogen is the sum of nitrate (NO3), nitrite (NO2), organic nitrogen and ammonia. WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 854 § 1) 23-21 Use of Public Sewer. A. It shall be unlawful to discharge any sewage, sludge, or other polluted waters from any premises within the City into or upon any public highway, land, public place, stream, water course, or into any cesspool, storm drain, or storm drain system (which includes catch basins, curbs, gutters, ditches, manmade channels, municipal streets), private sewer, or natural water outlet, except where suitable treatment has been provided in accordance with the provisions of this article, and applicable Federal, State, and Local laws. B. The City shall have the authority to refuse service to any domestic, industrial, and non - domestic user. Refusal may be appealed in accordance with the process described in the City Rules and Regulation Governing Sewer Service. 23-22 Inspections; Right of Entry. A. Generally: The Director and other duly authorized employees of the City bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article and Ordinance 1911. B. Liability: While performing the necessary work on private properties referred to above, the Director or duly authorized employees of the City shall observe all safety rules, applicable to the premises as established by the company; the company shall be held harmless for injury or death to the City employees; and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required hereby. C. Easements Through Private Property: The Director and other duly authorized employees of the City, bearing proper credentials and identification, shall be permitted to enter all private properties through which the City holds a duly -negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly -negotiated easement pertaining to the private property involved. (Ord. 854 § 1) 23-23 Penalties. A. Notice of Violation: Any person found to be violating any provision of this article, except Section 23-26 of this article, shall be served by the City with written notice, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. B. Fine: Any person who shall continue any violation beyond the time limit provided by this section shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount provided by Section 1-9 of this Code, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. C. Liability: Any person violating any of the provisions of this article shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation. (Ord. 854 § 1) Division 2. Regulations 23-24 Rep. by Ord. 1002. 23-25 Rep. by Ord. 1002. 23-26 Damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the Sewage Works. Any person violating this provision may be subject to immediate arrest under charge of disorderly conduct. (Ord. 854 § 1) Article 4 WASTEWATER SEWERAGE SYSTEM 23-27 Purpose. The purpose of this article shall be to generate sufficient 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 customer's contribution to the total loading of the treatment works. Factors such as strength (TP, TN, BOD and TSS), 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 operation and maintenance costs to each customer. (Ord. 1002 § 2) 23-28 Determination of Costs of Operation and Maintenance. The City shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the Sewage Works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include, but not be limited to, labor, repairs, equipment, replacement, maintenance, necessary modifications, power, sampling, laboratory tests and a reasonable contingency fund. (Ord. 1002 § 3) 23-29 Determination of Customer's Volume. The City shall determine each customer's volume of wastewater which has been discharged to the wastewater system in accordance with the City Rules and Regulations Governing Sewer Service. 23-30 Surcharge for Excess Wastes. The City will determine the average BOD, TSS, TN, and TP daily loading for the average residential customer. The City will assess a surcharge rate for all nonresidential customers discharging wastes with BOD, TSS, TN, and TP strengths greater than the average residential customer. 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 BOD - 250 mg/L, TSS — 250 mg/L, TN — 40 mg/L, and TP — 7.0 mg/L. The surcharge rate structure for such above normal strength waste discharge shall be included in the rate schedule. (Ord. 1002 § 5) 23-31 Repealed 23-32 Wastewater Service Charge; Determined. Determination: Each nonresidential customer's wastewater treatment cost contributions as determined in Sections 23-28 and 23-29 of this article shall be added together to determine such customer's wastewater service charge. The City may classify industrial, commercial and other nonresidential 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 inorganic and organic substances and compounds. Each customer's wastewater treatment cost contribution will be assessed in accordance with the rate schedule, as approved by the City Council. 23-33 Wastewater Service Charge; Payment. A statement shall be submitted to the customer for the wastewater service charge in accordance with the rules and regulations for the Sewer Department. There may be an added penalty adopted by the City Council if the payment is not received by the Sewer Department within the time period noted on the statement. Should any customer fail to pay the customer wastewater 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. (Ord. 1002 § 8) 23-34 Wastewater Service Charge; Review. The City shall review the total annual cost of operation and maintenance and will revise the rate schedule as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater Sewage Works. The City shall notify the customers of its findings as soon as possible. 23-35 Repealed. 23-36 Prohibited Wastes. 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 wastewater or Sludge of the City Sewage Works is prohibited. It is further prohibited to discharge any waters that injure or interfere with any sewage treatment process, cause pollutant pass through, create a hazard to humans, animals, or environment, create a public nuisance, or create any hazard in, or have an adverse effect on, the waters receiving any discharge from the treatment works. Substances specifically prohibited are: A. Any "hazardous waste" as defined in 40 CFR Part 261, unless specifically authorized by the Director; B. Pollutants which create a fire or explosive hazard in the Sewage Works, including, but not limited to, waste streams with a closed -cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21; C. Wastewater having a pH less than 5.0 or more than 12.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the Sewage Works; D. Solid or viscous substances in amounts which will cause obstruction of the flow in the Sewage Works resulting in Interference but in no case solids greater than one-half inch (1/2") (1.27 cm) in any dimension. Food waste processors / grinders are prohibited for non - domestic waste discharges. E. Pollutants, including oxygen -consuming pollutants (e.g. BOD), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with, or create a significant load on, the Sewage Works; F. Wastewater having a temperature that will cause the temperature of the wastewater treatment plant influent to exceed 40 degrees centigrade (104 degrees F) or will interfere with the biological activity of the wastewater treatment process; G. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through due to disregard of the City's SOG - Best Management Practices and the City's SOG - Sector Control Policy requirements; H. Pollutants which result in the presence of toxic gases, vapors, or fumes within the Sewage Works in a quantity that may cause acute worker health and safety problems; I. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; J. Any substance which may cause the Sewage Work's effluent or any other product of the Sewage Works, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the Sewage Work's is pursuing a reuse and reclamation program. In no case shall a substance discharged to the Sewage Work's cause the Sewage Work's to be in noncompliance with the Sludge use or disposal criteria, guidelines, or regulations affecting Sludge use or disposal; K. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's MPDES permit; L. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; M. Storm Water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, and unpolluted wastewater, unless specifically authorized by the Director; N. Sludges, screenings, inert suspended solids or other residues from the pretreatment of industrial wastes including but not limited to Fullers earth, lime slurries and lime residues or dissolved solids including but not limited to sodium chloride and sodium sulfate; O. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; P. Detergents, surface-active agents, or other substances which might cause excessive foaming in the Sewage Work's; Q. Fats, oils, or greases (FOG) of animal or vegetable origin in concentrations causing interference due to disregard of the City's FOG - Best Management Practices and the City's FOG - Sector Control Policy requirements; R. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the Sewage Work's, or at any point in the Sewage Work's, of more than five percent (5%) or any single reading over ten percent (10%) of the Lower Explosive Limit of the meter; and/or S. Trucked or hauled wastes or wastewater; T. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement; to such degree that any such material received in the composite sewage at the sewage treatment works may exceed the limits established by the City to comply with applicable State and Federal regulations; U. Any waters or wastes containing phenols or other taste -producing or odor -producing substances, in such concentrations exceeding limits which may be established by the City as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters; V. The discharge of pharmaceuticals, either listed or exhibiting hazardous waste characteristics, as defined in Subparts C, D and Appendices in 40 CFR 261 generated from healthcare facilities or reverse distributors. Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in such a manner that could be discharged to the Sewage Work's or to a storm drain or storm drain system. W. Materials which exert or cause: 1. 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); 2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions); 3. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; X. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment 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. 23-37 Prohibited Clear Water Connections. A. Surface Runoff: No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain, which in turn is connected directly or indirectly to a public sanitary sewer. B. Existing Combined Sewer Removal : Existing surface runoff, groundwater, or other sources of clear water connection that discharge through piping which connects directly or indirectly to a public sanitary sewer pipeline or appurtenance shall discontinue the connection immediately upon written notification by the Director. 23-38 Materials and Methods of Construction. 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 backfilling the trench, shall all conform to the requirements of the building and plumbing codes and the standard and general provisions for design and construction adopted by the City. (Ord. 1002 § 13) 23-39 Rules and Regulations. The City Council is hereby authorized to adopt or amend rules and regulations which shall set forth criteria to ensure adequate service by the Sewer Department, prevent unfair charges to the customer and to protect the Sewer Department 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. (Ord. 1002 § 14) 23-40 Connection Fees. A. Required: Before the sewer drain of any public or private building may be connected with or hooked onto the City Sewage Works, a connection fee shall be paid to the City Treasurer, and it is unlawful for any person to connect, attach or hook up the sewer service line of any public or private structure to the City Sewage Works without having first paid such fee. B. Fund: The City shall maintain a Special Sanitary Sewer Capital Improvement 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 Sewage Works system as it becomes inadequate and needs replacement because of added loads. (Ord. 1002 § 15) 23-41 City Council Action on Rates, Charges or Classifications. The City Council is hereby authorized to adopt, establish, or change the rates, charges, or classifications imposed on the customers of the City Sewage Works in the manner of and pursuant to the procedures imposed upon and allowed to municipal utility services by the laws of the State. 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. (Ord. 1002 § 16) 23-42 Availability of Rules and Schedule of Rates, Charges and Classifications. A schedule of rates, charges, or classifications imposed upon the customers of the City Sewage Works and a copy of the rules established for the operation of said utility shall be kept and maintained by the City, and same shall be made available for public inspection at any time during regular office hours. (Ord. 1002 § 17)