In addition to normal sewer charges, which are based on the volume of wastewater discharged into the public sanitary sewers, there shall be levied a surcharge for discharging into the sanitary sewer system any wastewater which exceeds the maximum values of polluting materials established by the surcharge formula in <cite data-path="|25|§14-3">§ 14-3 of this subtitle</cite>.
There is hereby imposed an annual surcharge, established by the surcharge formula in <cite data-path="|25|§14-3">§ 14-3 of this subtitle</cite>, for the use of, and the services rendered by, the plants, properties, works, systems, or facilities, or any part thereof, which are owned or controlled by the City, for discharging any wastewater into the sanitary sewer system and/or storm sewer system which exceeds the maximum values of polluting materials.
City Code, 1976/83, art. 25, §8(a)(1st sen.), (d)(1)
Ord. 75-914
Ord. 76-131
Ord. 84-129
Ord. 91-775
The surcharge imposed hereunder shall be on a calendar year basis at the annual rate as established by the surcharge formula in <cite data-path="|25|§14-3">§ 14-3 of this subtitle</cite>.
Such surcharge shall be applicable to all establishments that discharge directly or indirectly into the City sewer system and shall be payable to the City on an annual basis.
The provisions of this subtitle shall apply to all properties and the owners thereof which are subject to the payment of the surcharge imposed under this subtitle, without regard to the source or sources of water used on said properties.
City Code, 1976/83, art. 25, §8(a)(2nd sen.), (d)(2), (5)(i)(4th sen.)
Ord. 75-914
Ord. 76-131
Ord. 84-129
Ord. 91-775
Surcharges shall be based upon the average volume and concentration of flow discharged to the sanitary sewer, multiplied by factors expressing the costs of treating the constituents covered by the formula.
The amount of total surcharge will be determined from the following formula:
V x 8.34 x Fa (BOD - 300 mg/1)
+ V x 8.34 x Fb (SS - 300 mg/1)
+ V x 8.34 x Fc (TP -12 mg/1)
where:
V = volume of waste in millions of gallons discharged to the public sewer tributary to the treatment plants.
Fa = cost per pound (in dollars) of removing BOD constituents from the wastewater, expressed to the nearest tenth of a cent.
Fb = cost per pound (in dollars) of removing suspended solids from the wastewater, expressed to the nearest tenth of a cent.
Fc = cost per pound (in dollars) of removing total phosphorus from the wastewater, expressed to the nearest tenth of a cent.
BOD = biochemical oxygen demand.
SS = suspended solids.
TP = total phosphates.
300 mg/1-maximum milligrams per liter by weight of BOD and SS allowable without payment of surcharge.
12 mg/l-maximum milligrams per liter by weight of TP allowable without payment of surcharge.
Until a reliable cost can be established for treating each constituent at the City treatment plants, the cost factor may be based upon the average cost of treating those constituents at other plants having like or similar processes and effluent requirements.
Should it become necessary to place a surcharge on other constituents, charges will be computed in the same manner.
City Code, 1976/83, art. 25, §8(b)
Ord. 75-914
Ord. 84-129
Ord. 91-775
Where the person or establishment purchases all of its water from the City and discharges all of it as wastewater to the sewer system, the volume of water purchased shall be used as a measure of the quantity of industrial wastewater discharged.
Where the person or establishment purchases its water from the City and discharges only a part of it to the sewer system:an allowance for water not put into the sewer system shall be made in computing wastewater flow; or
flow shall be measured separately before it discharges to the sewer system.
The person or establishment shall provide, at its own expense, metering facilities as required to indicate accurately to the satisfaction of the City:the amount of water claimed as a credit; or
the flow discharging to the sewer system.
The Director shall determine which method is acceptable.
Whenever a computation is used to determine credit, the industrial user shall submit the data to the Director. Failure to submit the required data within the period specified by the Director will result in the forfeiture of the credit.
Whenever a person or establishment using a private water supply discharges wastewater to the sewer system, either sanitary or (where allowed) storm, the flow will be based upon:metered use of water in the establishment or in that portion of the establishment discharging wastewater to the public sewer; or
metered flow discharged to the sewer system.
City Code, 1976/83, art. 25, §8(c)
Ord. 75-914
Ord. 84-129
Ord. 91-775
In all cases where the volume of industrial wastewater and/or the cost of treating the constituents covered by the formula based on the type of discharge from any particular property which is being discharged into the City’s sewage system or storm drain facilities cannot be reasonably agreed upon between the person discharging said industrial wastewater and the Director:
the Director of Public Works or his delegate shall have the authority to determine the volume of industrial wastewater being discharged into the City’s sewage system or storm drain facilities and/or the cost for treating the constituents covered by the formula of the discharge under the facts and circumstances in each case; and
the charges imposed under this subtitle shall be calculated and based upon the volume of industrial wastewater and/or the cost for treating the constituents covered by the formula of the discharge being discharged into the City’s sewage system or storm drain facilities as determined by the Director of Public Works or his delegate as aforesaid.
City Code, 1976/83, art. 25, §8(d)(3)
Ord. 76-131
Ord. 84-129
Ord. 91-775
All surcharges shall be billed by the Department of Finance of the City. Said surcharges may be included in the same bills rendered for water charges, or stated in separate bills, and shall be collected by the Department of Finance of the City.
All surcharges imposed under this subtitle shall be due and payable on the January 1 of each year.
Any surcharge unpaid on April 1 of such taxable year shall be considered in arrears and delinquent and all water services shall be subject to turn-off for nonpayment of such surcharge at any time thereafter.
City Code, 1976/83, art. 25, §8(d)(5)(i)(1st - 3rd sens.)
Ord. 76-131
Ord. 84-129
Ord. 91-775
For all surcharges due and payable or which are overdue and in arrears on and after January 1, there are hereby imposed the following penalties, which include interest at the rate of 8% per annum, on all such surcharges becoming in arrears, the same to be imposed in or for the year for which such surcharges were levied:1⅓% on April 1 on surcharges remaining unpaid at the end of the month of March;
2⅔% on May 1 on surcharges remaining unpaid at the end of the month of April;
4% on June 1 on surcharges remaining unpaid at the end of the month of May;
5⅓% on July 1 on surcharges remaining unpaid at the end of the month of June;
6⅔% on August 1 on surcharges remaining unpaid at the end of the month of July;
8% on September 1 on surcharges remaining unpaid at the end of the month of August;
9⅓% on October 1 on surcharges remaining unpaid at the end of the month of September;
10⅔% on November 1 on surcharges remaining unpaid at the end of the month of October;
12% on December 1 on surcharges remaining unpaid at the end of the month of November; and
thereafter, in addition to the aforegoing penalties, a penalty at the rate of 1⅓% per month, which includes interest at the rate of 8% per annum, shall be imposed until said surcharges are paid.
All bills in arrears for charges imposed under this subtitle may be deemed a sufficient reason for discontinuing water furnished by the City until all such surcharges and interest and penalties have been paid in full.
Whenever water is shut off for nonpayment of the surcharges imposed hereunder, the sum of $100 shall be paid to the Department of Finance of the City before the water supply may be turned on again.
City Code, 1976/83, art. 25, §8(d)(5)(ii), (iii)
Ord. 76-131
Ord. 84-129
Ord. 91-775
The surcharges imposed under this subtitle and all increases, interest, and penalties thereon shall be a lien upon the property of any person liable to pay the same to the City. Such lien shall be recorded in the Tax Lien Records maintained by the Department of Finance.
City Code, 1976/83, art. 25, §8(d)(6)
Ord. 76-131
Ord. 84-129
Ord. 91-775
Ord. 16-523
The Director of Public Works shall maintain a list of all establishments which pay a surcharge because of their discharges into the public sanitary sewers. The amount of the surcharge shall not be included on the list.
The list shall be updated on January 1 and July 1 of each year and a copy filed with the Department of Legislative Reference.
The Director of Public Works shall provide each Council member with a semi-annual list of those establishments in the member’s district which pay the sewer surcharge.
Any member of the public may acquire a copy of a list upon payment of a charge to cover the cost of copying and mailing.
City Code, 1976/83, art. 25, §9(c), (d)
Ord. 83-1096
Ord. 91-775
In order to carry out and enforce the provisions of this subtitle and to collect the surcharges levied and imposed under this subtitle, the City Department of Finance and/or Department of Public Works are hereby authorized, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, to make, adopt, promulgate, and amend, from time to time, such rules and regulations as they may deem necessary or proper:
to carry out and enforce the provisions of this subtitle;
to collect the surcharges imposed under this subtitle; and
to define or construe any of the terms and provisions used in this subtitle in connection with the imposition or collection of said surcharges.
City Code, 1976/83, art. 25, §8(d)(7)
Ord. 76-131
Ord. 84-129
Ord. 91-775
Text Conformed 02/23/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
In the event that any person legally liable for payment of the surcharge imposed under this subtitle disagrees with, or is aggrieved by, any determination, decision, order, or notice of any kind, which is made, rendered, issued, or given under the provisions of this subtitle, such person has the right to file an appeal as described in <cite data-path="|25|§21-7">§ 21-7 of this article</cite>.
City Code, 1976/83, art. 25, §8(d)(4)
Ord. 76-131
Ord. 84-129
Ord. 91-775
Every person or other legal entity who participates or aids in any manner in the evasion of the surcharges imposed under this subtitle or who violates any of the provisions of this subtitle or any of the rules or regulations made, adopted, or promulgated by the City under the provisions of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not more than $500 or imprisonment not exceeding 6 months, or both, in the discretion of the court, for each offense.
City Code, 1976/83, art. 25, §8(d)(8)
Ord. 76-131
Ord. 84-129
Ord. 91-775