Chapter 24 - Sewer Use and Surcharge
CHAPTER TWENTY-FOUR
SEWER USE AND SURCHARGE
ARTICLE 1 - Regulation of Sewer Use
24.0101 Purpose
It is the purpose of this article to provide ordinances regulating the use of public and private sewers and drains, private sewage disposal, the installation and connection of building sewers, and the discharge of water and wastes into the public sewer system, and to provide penalties for violations thereof, in the City of Lakota, North Dakota.
24.0102 Definitions
Unless the context specifically indicates otherwise, the meaning of the terms used in the article shall be as follows:
1. “BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Centigrade, expressed in milligrams per liter.
2. “Building Drain” shall mean 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 (5) feet (1/5 meters) outside the inner face of the building wall.
3. “Building Sewer” shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.
4. “Combined Sewer” shall mean a sewer intended to receive both wastewater and storm or surface water.
5. “Easement” shall mean an acquired legal right for the specific use of land owned by others.
6. “Floatable Oil” is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
7. “Garbage” shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
8. “Industrial Wastes” shall mean the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
9. “Natural Outlet” shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
10. “May” is permissive (see “shall” Sec. 18).
11. “Person” shall mean any individual, firm, company, association, society, corporation or group.
12. “pH” shall mean the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.
13. “Properly Shredded Garbage” shall mean the wastes from the preparation, cooking and dispensing of food that 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 1/2 inch. (1.27 centimeters) in any dimension.
14. “Public Sewer” shall mean a common sewer controlled by a governmental agency or public utility.
15. “Sanitary Sewer” shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
16. “Sewage” is the spent water of a community. The preferred term is “wastewater,” Sec. 24.
17. “Sewer” shall mean a pipe or conduit that carries wastewater or drainage water.
18. “Shall” is mandatory (see “may,” Sec. 10).
19. “Slug” shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
20. “Storm Drain” (sometimes termed “storm sewer”) shall mean a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
21. “Superintendent” shall mean the superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of the city or his authorized deputy, agent or representative.
22. “Suspended Solids” shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods of the Examination of Water and Wastewater” and referred to as nonfilterable residue.
23. “Unpolluted Water” is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
24. “Wastewater” shall mean the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants and institutes, together with any groundwater, surface water and stormwater that may be present.
25. “Waster Facilities” shall mean the structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
26. “Wastewater Treatment Works” shall mean an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “waste pollution control plant.”
27. “Watercourse” shall mean a natural or artificial channel for the passage of water either continuously or intermittently.
28. “Hearing Board” shall mean that board appointed according to the provisions of Section 24.0109.
24.0103 Use of Public Sewers Required
1. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City of Lakota, or in any area under the jurisdiction of said City of Lakota, any human or animal excrement, garbage or other objectionable waste.
2. It shall be unlawful to discharge to any natural outlet within the City of Lakota, or in any area under the jurisdiction of said City of Lakota, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.
3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
4. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City of Lakota, and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary, the City of Lakota, is hereby required at its expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within _____ days after date of official notice to do so, provided that said public sewer is within 200 feet (61) meters) according to the North Dakota Plumbing Code, of the property line.
24.0104 When Private Sewage Disposal Permitted
1. Where a public sanitary or combined sewer is not available under the provisions of Section 24.0103 (4), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article.
2. Before commencement of construction of a private wastewater disposal system the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. A permit and inspection fee of _________ shall be paid to the city at the time the application is filed.
3. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the Superintendent.
4. The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations and/or regulations of the North Dakota State Department of Health. No permit shall be issued for any private wastewater disposal system not meeting these conditions. No septic tank or cesspool shall be permitted to discharge to any natural outlet or to the ground surface.
5. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Section 24.0103 (4), a direct connection shall be made to the public sewer within _________ days in compliance with this ordinance, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
6. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. All sludge or solids to be disposed of from a septic tank, cesspool or other individual method of disposal shall be disposed of by a licensed septic tank pumper in accordance with the North Dakota State Health Department Regulation 23-19-01.
7. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the local Health Officer.
24.0105 Building Sewers and Connections
1. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
2. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner or his agent, shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of ____________ for a residential or commercial building sewer permit and _____________ for an industrial building sewer permit shall be paid to the city at the time the application is filed.
3. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
4. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the city does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
5. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this ordinance.
6. The size, slope alignment, materials of construction of all sanitary sewers including building sewers, 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 code or other applicable rules and regulations of the city. In the absence of suitable code provisions set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
7. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building rain shall be lifted by an approved means and discharged to the building sewer.
8. No person shall make connection of roof downspouts, 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 unless such connection is approved by the Superintendent and the North Dakota State Department of Health.
9. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rule and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
10. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Superintendent or his representative.
11. All excavations for building sewer installation shall be adequately guarded with barricade and light so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
24.0106 Use of Public Sewers
1. No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, roof runoff, subsurface drainage or cooling water to any building drain or sewer which in turn is connected directly or indirectly to the sanitary sewer unless such connection is approved by the Superintendent and the North Dakota State Department of Health.
2. Stormwater other than that exempted under Section 24.0106 (1) and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent and the North Dakota State Department of Health.
3. No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:
a. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
b. Any waters containing toxic or poisonous solids, liquids orgases in sufficient quantity, either singly or by interactionwith other wastes, to injure or interfere with any sewagetreatment process, constitute a hazard to humans or animals,create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.
c. Any waters or wastes having a pH lower than 5.5, or havingany other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewaterworks.
d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, orother interference with the proper operation of the wastewater facilities such as, but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders.
4. The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property or constitute a nuisance. The Superintendent may set limitations lower than the limitations established in the regulations below if in his opinion such more limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the Superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Superintendent are as follows:
a. Wastewater having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).
b. Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or product of mineral oil origin.
c. Wastewater from industrial plants containing floatable oils, fat or grease.
d. Any garbage that has not been property shredded (see Section 24.0102 (13). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
e. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Superintendent for such materials.
f. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Superintendent.
g. Any radioactive wastes or isotopes or such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
h. Quantities of flow, concentrations or both which constitute a “slug” as defined herein.
i. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such a degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
j. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
5. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in 24.0106 (4), and which in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
a. Reject the wastes
b. Require pretreatment to an acceptable condition for discharge to the public sewers;
c. Require control over the quantities and rates of discharge; and/or
d. Require payment to cover the added costs of handling andtreating the wastes not covered by sewer charges under theprovisions of 24.0106 (11).
If the Superintendent permits the pretreatment for equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and the North Dakota State Department of Health.
6. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in 24.0106 (4) (c) , or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the North Dakota Plumbing Code and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the Superintendent. Any removal and having of the collected materials not performed by owner personnel must be performed by currently licensed waste disposal firms.
7. Where pretreatment or flow-equalizing facilities are provided or required by any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
8. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structures, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
9. The Superintendent may require a user of sewer services to provide information needed to determine compliance with this ordinance. These requirements include:
a. Wastewaters discharge peak rate and volume over a specified time period.
b. Chemical analyses of wastewaters.
c. Information on raw materials, processes and products affecting wastewater volume and quality.
d. Quantity and disposition of specific liquid, sludge, oil, solvent or othermaterials important to sewer use control.
e. A plot plan of sewers of the user’s property showing sewer and pretreatment facility location.
f. Details of wastewater pretreatment facilities.
g. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
10. All measurements, test and analyses of the characteristics of water and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis by the Superintendent.
11. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment.
24.0107 Damage to Sewer Works Prohibited
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
24.0108 Powers and Authority of Inspectors
1. The Superintendent 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 pertinent to discharge to the community system in accordance with the provisions of this ordinance.
2. The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
3. While performing the necessary work on private properties referred to in Section 24.0108 (1), above, the Superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and 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 growing out of the gauging and sampling operation, except such as may be caused by negligence or failure of the company to maintain safe conditions as required in Section 24.0106 (8).
4. The Superintendent 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 wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
24.0109 Hearing Board
1. A Hearing Board, consisting of three (3) members, shall be selected as needed for arbitration of differences between the Superintendent and sewer users on matters concerning interpretation and execution of the provisions of this ordinance by the Superintendent.
2. One member of the board shall be selected to represent the city, one member shall be selected to represent the sewer user involved in the arbitration, and the third member shall be acceptable to both parties and shall serve as the Chairman in the arbitration.
24.0110 Penalties
1. Any person found to be violating any provision of this ordinance except Section 24.0107 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.
2. Any person who shall continue any violation beyond the time limit provided for in Section 24.0110(10), shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding One Hundred and No/100 Dollars ($100.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
3. Any person violating any of the provisions of this ordinance shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
24.0111 Validity
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
The validity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.
ARTICLE 2 - Sewer Surcharge
24.0201 Purpose
1. The purpose of this article shall be to generate sufficient revenue to pay all costs for the operation and maintenance of the complete wastewater system. The costs shall be distributed to all users of the wastewater system in proportion to each user’s contribution to the total loading of the treatment works. Factors such as strength (BOD and TSS), volume and delivery flow rate characteristics shall be considered and included as the basis for the user’s contribution to ensure a proportional distribution of operation and maintenance costs to each user.
2. The definitions set forth in Section 24.0102 of this ordinance shall also apply to this article.
24.0202 Determining the Total Annual Cost of Operation and Maintenance
The City of Lakota or its City Engineer 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 treatment works, for which such works are designed and constructed. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests and a reasonable contingency fund.
24.0203 Determining Each User’s Wastewater Contribution Percentage
The City of Lakota or its City Engineer shall determine for each user’s average daily volume of wastewater, which has been discharged to the wastewater system, which shall then be divided by the average daily volume of all wastewater discharged to the wastewater system, to determine such user’s Volume Contribution Percentage. The amount used and the total average daily volume of wastewater shall exclude infiltration and inflow. The City of Lakota or its City Engineer shall determine each user’s average daily poundage of 5-day 20-degree Centigrade Biochemical Oxygen Demand which has been discharged to the wastewater system which shall then be divided by the average daily poundage of all 5-day 20-degree Centigrade Biochemical Oxygen Demand discharged to the wastewater system to determine each user’s Biochemical Oxygen Demand Contribution Percentage.
The City of Lakota or its Superintendent or City Engineer shall determine each user’s average daily poundage of suspended solids which has been discharged to the wastewater system which shall then be divided by the average daily poundage of all suspended solids discharged to the wastewater system, to determine such user’s Suspended Solids Contribution Percentage. Each user’s Volume Contribution Percentage, Biochemical Oxygen Demand Contribution Percentage and Suspended Solids Contribution Percentage shall be multiplied by the annual operation and maintenance costs for the total volume, the total 5-day 20-degree Centigrade Biochemical Oxygen Demand and the Total Suspended Solids for the wastewater system, respectively.
24.0204 Determining a Surcharge System for Users with Above Normal Volume, BOD and TSS
The City of Lakota or its City Engineer will determine the average Total Suspended Solids (TSS) and Biochemical Oxygen Demand (BOD) daily loadings for the average residential user and residential user class. The City of Lakota will assess a surcharge rate for all non-residential users discharging wastes with volume, BOD and TSS strengths greater than the average residential user. Such users will be assessed a surcharge sufficient to cover the costs of treating such users above-normal strength wastes and/or volume. Normal strength wastes are considered to be 200 mg/1 BOD and 250 mg/1 TSS.
24.0205 Surcharge Rate Schedule for Above Normal Volume of Wastes
Residential users are considered to be one class of user and are hereby levied a charge of ________ per month. Non-residential users with flows no greater than the average residential user’s flow of 4000 gallons per month and with BOD and TSS no greater than the average residential user’s strength will be levied the same charge of __________ per month as the average residential user.
Non-residential users with volumes greater than the average residential user will pay an additional charge of 60 cents per 1,000 gallons per month for all flows greater than the average residential user’s flow of 4000 gallons per month.
24.0206 Surcharge Rate Schedule for Above Normal Strength Wastes
Any non-residential user with BOD and TSS greater than the average residential user’s strength will pay a surcharge in accordance with the rates determined by the City or its Engineer.
The City of Lakota or its Engineer may determine the total suspended solids (TSS) and 5-day biochemical oxygen demand (BOD5) daily loadings for the average residential user and or user class or in lieu of such determination can consider the average residential strength wastes to be 200 mg/1 BOD5 and 250 mg/1 TSS. The City of Lakota will assess a surcharge rate for all non-residential users discharging wastes with BOD and TSS strengths greater than the average residential user. The surcharge will be sufficient to cover the costs of treating such users above normal strength wastes. Such users will pay an additional user charge of _____ cents per 1000 gallons for each 25 mg/1 or fraction thereof over 200 mg/1 of BOD 5 and ______ cents per 1000 gallons for each 25 mg/1 or fraction thereof over 250 mg/1 TSS.
24.0207 Determining Each User’s Wastewater Service Charge
Each non-residential user’s wastewater cost contributions as determined in Sections 24.0205 and 24.0206 shall be added together to determine such user’s annual wastewater service charge. Residential users may be considered to be one class of user and an equitable service charge may be determined for each user based on an estimate of the total wastewater contribution of this class of user. The governing body may classify industrial commercial and other non-residential establishments as a residential user, provided that the wastes from these establishments are equivalent to the wastes from the average residential user with respect to volume, suspended solids and 5-day 20-degree Centigrade Biochemical Oxygen Demand. Each user’s wastewater treatment cost contribution will be assessed in accordance with the attached rate schedule.
2.0208 Payment of the User’s Wastewater Service Charge and Penalties
The city may submit an annual statement to the user for the user’s annual wastewater service charge or one-twelfth of the use’s annual wastewater service charge may be included with the monthly water and/or wastewater utility billing. The City shall add a penalty of 10 percent per month if the payment is not received by the city within _____ days. Should any user fail to pay the user wastewater service charge and penalty within___ months of the due date, the city may stop the wastewater service to the property.
24.0209 Review of Each User’s Wastewater Service Charge
The city shall review the total annual cost of operation and maintenance as well as each user’s Wastewater Contribution Percentage on an annual basis and will revise the system 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 system. If a significant user, such as an industry, has complete in-plant modifications which would change that user’s Wastewater Contribution Percentages, the user can present at a regularly scheduled meeting of the governing body such factual information and the city shall determine if the user’s Wastewater Contribution Percentages are to be changed. The city shall notify the user of its findings as soon as possible.
24.0210 Wastes Prohibited from being Discharged to the Wastewater System
The discharge of any waters containing toxic or poisonous solids, liquids or gas in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, or to constitute a hazard in the receiving waters of the wastewater treatment plant is hereby prohibited.