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HomeMy WebLinkAbout18-1768 Amending City Code, Title 9, Chp 4, Section 2CITY OF MERIDIAN ORDINANCE NO. 16 - I J 652 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE, TITLE 9, CHAPTER 4, SECTION 2 REGARDING DEFINITIONS; AND REPEALING AND REPLACING MERIDIAN CITY CODE, TITLE 9, CHAPTER 4, SECTION 24 REGARDING WASTEWATER USER CHARGES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council find that there is need to update the City's current Water and Sewer Ordinance regarding definitions and wastewater user charges to remain responsive to the needs of the public to better understand what wastewater base fees comprise and the basis and method upon which wastewater user charges for residential and commercial accounts are calculated; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 9, Chapter 4, Section 2 of the Meridian City Code is amended to read as follows: 9-4-2: DEFINITIONS: Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows: ACT: The Federal Water Pollution Control Act entitled Public Law 92-500, and its amendments of 1972, as administered by the United States Environmental Protection Agency (EPA). BOD: Biochemical oxygen demand (BOD) shall mean 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 (mg/1). BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge of sanitary waste inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall. BUILDING SEWER: The extension from the building drain to the point of connection with the public sewer. CITY: The City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative, or deputy thereto. Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 1 of 9 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 2 of 9 COMBINED SEWER: A sewer receiving both stormwater runoff and sanitary sewage. FLOW: The volume of sewage being discharged into the sewage system from all sources including domestic, commercial and industrial uses and infiltration (WW). GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL USERS: Any nondomestic user with an indirect discharge of effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. This term includes federal, state, and local facilities as part of the regulated community, since such entities are subject to federal pretreatment regulations. See chapter 2 , "Sewer Pretreatment", of this title. INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, etc. NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. OWNER: A person owning real property which is, or proposes to be connected to the sewage system. PERSON: Any individual, firm, company, association, society, corporation or group. pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution with a pH value of 7 being neutral. PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. PRIVATE LIFT STATION: Privately owned and operated pump station positioned in the sewer system at which wastewater is pumped to a higher level. PROPERLY SHREDDED GARBAGE: 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 Meridian City Council Meeting Agenda March 27, 2018 – Page 438 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 3 of 9 than one-half inch ( 1/2") in any dimension. PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. SANITARY SEWER: A sewer which carries sanitary sewage and to which storm, surface and ground waters are not admitted. SERVICE CONNECTION: The point at which the building sewer connects to the public sewer. SEWAGE OR WASTE MATTER: A combination of the water carried wastes from residences, business buildings, institutions and industrial establishments. SEWAGE TREATMENT PLANT OR WASTEWATER TREATMENT FACILITY: Any devices and system used in the storage, treatment, recycling and reclamation of municipal sanitary sewage or industrial wastes of a liquid nature to implement section 201 of the act. Also termed a "publicly owned treatment works" (POTW). SEWER: A pipe or conduit for carrying sewage. SHALL/MAY: "Shall" is mandatory. "May" is permissive. SLUG: Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes for more than five (5) times the average twenty four (24) hour concentration or flows during normal operation. STORM DRAIN (Sometimes Termed STORM SEWER): A sewer which carries storm and surface waters and drainage, but excludes sanitary sewage and industrial wastes, other than unpolluted water such as cooling water. SUPERINTENDENT: The person designated by the City of Meridian, to supervise the operation of the POTW, who is charged with certain duties and responsibilities by this chapter, or duly authorized representative. SUSPENDED SOLIDS: Solids, organic or inorganic, that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering as prescribed in "Standard Methods For The Examination Of Water And Waste Water" and referred to as nonfilterable residue. WASTEWATER SYSTEM: All facilities for collecting, pumping, treating of sewage and disposal of treated effluent. WASTEWATER USER: Any individual, firm, company, association, society or corporation or group who has connected to the sewer system. WATERCOURSE: A channel in which a flow of water occurs, either continuously or Meridian City Council Meeting Agenda March 27, 2018 – Page 439 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 4 of 9 intermittently. WINTER AVERAGE: The average domestic water consumption from approximately November 15 to approximately March 15 as quantified by water meter readings. (Ord. 08-1389, 10-28-2008, eff. 10-28-2008) Section 2 . That Title 9, Chapter 4, Section 24 of the Meridian City Code is repealed and replaced to read as follows: 9-4-24: WASTEWATER USER CHARGES: Wastewater user charges are comprised of Base Fees, Use Fees, and Assessment Fees. A. Wastewater Base Fees: 1. To cover the fixed costs of the wastewater system, each account is charged a monthly flat base fee. a. The wastewater base fee shall be established by resolution of the City Council. B. Wastewater Use Fees: Monthly use fees for wastewater collection (sewer) and treatment in the city are based on gallons of water collected and treated as determined by water meter readings for the water used (delivered to the same building / account). The fee per gallon of use shall be established by resolution of the City Council. Wastewater use is determined according to the following: 1. Residential Accounts: There are two time periods during which wastewater use is determined during the year: a. Winter Period: During four winter months between November and March, wastewater use is based on monthly gallons of water delivered as determined by water meter readings. Example: If 5,000 gallons of water were delivered then 5,000 gallons of wastewater use will be billed for that month. Depending on the account billing cycle, the four months that comprise the winter period will either be November through February, or December through March. b. Summer Period: During the months outside an account’s winter period, wastewater use is also based on monthly gallons of water delivered until the amount of water delivered reaches the account’s Wastewater Use Cap (see (1) below). If monthly water delivered is higher than the account’s Wastewater Use Cap, then the Wastewater Use Cap serves as the month’s wastewater use for Meridian City Council Meeting Agenda March 27, 2018 – Page 440 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 5 of 9 billing. Example: If 9,000 gallons of water were delivered, but the Wastewater Use Cap for the account is 6,000 gallons, then 6,000 gallons of wastewater use will be billed. The Wastewater Use Cap is calculated / applied as follows: (1) Wastewater Use Cap: The Wastewater Use Cap is the average monthly number of gallons of water that were delivered to the account during the winter period. (2) Default Wastewater Use Cap: In any instance where the customer’s Wastewater Use Cap calculates to less than 1,000 gallons per month or there is no customer data to calculate a Wastewater Use Cap, a default Wastewater Use Cap shall be applied. The default Wastewater Use Cap shall be established by resolution of City Council and is intended to represent the monthly wastewater use of a typical residential account. (3) Upon request, the Wastewater Use Cap may be reviewed and evaluated. Determination of applicability will be made by the City Public Works Director or designee and include an evaluation of current and potential water and sewer uses at the property and to determine if the application of an adjusted Wastewater Use Cap will result in fair wastewater billing. 2. Commercial Accounts: Wastewater use fees for all other users such as commercial and industrial are based on actual monthly water delivered as determined by water meter readings. a. Commercial accounts that show a residential pattern of water and wastewater use may be eligible for an applied Wastewater Use Cap during the summer period as set forth in the section for residential accounts. Determination of applicability will be made by the City Public Works Director or designee and include an evaluation of current and potential water and sewer uses at the property to determine if the application of a Wastewater Use Cap will result in fair wastewater billing. b. Commercial accounts with water uses that are not collected in the sewer may be eligible for periodic adjustment to the wastewater portion of their bill if the amount of water used but not collected can be demonstrated. C. Wastewater Assessment Fees: 1. Wastewater assessment fees for all newly established or upgrade sewer services shall be established by resolution of City Council. The assessment fees for all uses other than single-family residential, shall be based on the number of equivalent residential units (ERUs) listed in table 2 of this section, unless other acceptable means of determining ERUs are used. Other acceptable means may include the uniform plumbing code "fixture unit" method or examination and analysis of Meridian City Council Meeting Agenda March 27, 2018 – Page 441 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 6 of 9 historical consumption records of similar facilities within or outside the City of Meridian. Single Family Residential assessment fees shall be based on 1 ERU. TABLE 2 EQUIVALENT RESIDENTIAL UNITS Classification Number Of Equivalent Connections Minimum Equivalent Connections Apartment See Multiple living unit Bank 2 Bar 2 Barbershop, per chair 0.5 1.0 Beauty salon, per operator station 0.5 1.0 Bowling alley, per lane 0.2 1.0 Cafe, per customer seating capacity 0.1 2.0 Car dealer 2 Car wash (to be computed on an individual basis) - Church 2 Club, private 2 Condominium See Multiple living unit Dentist, per practitioner 1 Department store, per 3,000 square feet 1 Doctor, per practitioner 1 Drugstore 2 Dry cleaners 2 Duplex See Multiple living unit Fourplex See Multiple living unit Garage 2 Meridian City Council Meeting Agenda March 27, 2018 – Page 442 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 7 of 9 Grocery store See Retail food store Hospital, per bed 0.15 Industry: Major contributing industry (as per separate agreement) - Minor contributing industry (as per separate agreement) - Laundries: Commercial (to be computed on an individual basis) - Self-service: Up to and including 10 washing machines Each washing machine in excess of 10 4 0.25 Lodge or private club 2 Mobile home court or park: First space 1 Each additional space, long term tenant type 1 Each additional space, short term tenant type 1 Mobile home or trailer house on own premises 1 Motel, hotel, rooming house, etc.: With cooking facilities: First unit Each additional unit 1 0.5 Without cooking facilities: First unit Each additional unit 1 0.25 Multiple living unit: Meridian City Council Meeting Agenda March 27, 2018 – Page 443 of 493 Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 8 of 9 Studio or 1 bedroom 1 2 bedrooms 1 3 or more bedrooms 1 Office building, for each 2,500 square feet of gross floor space or fraction thereof 1 Photo development lab 2 Railroad depot 2 Restaurant, per customer seating capacity 0.1 2.0 Retail food store, for each 1,500 square feet of gross floor area or fraction thereof 1 Retail store, for each 3,000 square feet of gross floor area or fraction thereof 1 Schools, per each 50 students in average daily attendance or frac tion thereof 1 Service station: Full service 4 Gas and restroom service only 2 With car wash (to be computed on an individual basis) - Single -family residence 1 Swimming pool: Private, for each 500 square feet of pool water surface area 0.25 Public (to be computed on an individual basis) - Tavern 2 Theater 2 Meridian City Council Meeting Agenda March 27, 2018 – Page 444 of 493 Townhouse 1 Trailer court or park: First unit 1 Each additional space, long term 0.75 tenant type Each additional space, short term 0.5 tenant type _� — --- -- - -- --- Triplex [See Multiple living unit Variety store, for each 3,000 square feet 1 1 of gross floor area or fraction thereof Section 3. That this ordinance shall be effective immediately upon its passage and publication. 2018. PASSED by the City Council of the City of Meridian, Idaho this 2? day of March, APPROVED by the Mayor of the City of Meridian, Idaho, this Zj day of March, 2018. APPROVED: ATTEST: Tamm e eerd, Mayor ®a�jED AUGUST, CJ Cole ,City Clerk zO 01N of La E IDIANt— IDAHO SEAL Ordinance Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 Page 9 of 9 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18 11 6P, - AN ORDINANCE AMENDING MERIDIAN CITY CODE, TITLE 9, CHAPTER 4, SECTION 2 REGARDING DEFINITIONS; AND REPEALING AND REPLACING MERIDIAN CITY CODE, TITLE 9, CHAPTER 4, SECTION 24, REGARDING WASTEWATER USER CHARGES; AND PROVIDING AN EFFECTIVE DATE. Citi -of McWian Mayor and City Council BY: City Clerk First Reading: QO ZE0 AUG`�T 0 City u( IDAHO SEAL Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES: ,, NO: Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- 1%� 9 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is thele a�} advisor of the City and has reviewed a copy of the attached Ordinance no. 18- 1-1V b of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code 50- 901(A)(3). DATED this 2 ') day of March, 2018. tag William L.M. Nary City Attorney Ordinance Summary Amending Meridian City Code 9-4-2 and Repealing and Replacing Meridian City Code 9-4-24 351462 1749225 1 MERIDIAN, CITY OF 33 E. BROADWAY AVENUE MERIDIAN ID 83642 AFFIDAVIT OF PUBLICATION STATE OF IDAHO ) )SS. County of Ada ) Sharon Jessen of Nampa, Canyon County, Idaho, being first duly sworn, deposes and says: 1. That I am a citizen of the United States, and at all times hereinafter mentioned was over the age of eighteen years, and not a party to the above entitled action. Z. That I am the Principle Clerk of the Meridian Press, a weekly newspaper published in the City of Meridian, in the County of Ada, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is hereto attached. 3. That the notice, of which the annexed is a printed copy, was published in said newspaper 1 time(s) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement. That said notice was published the following: 04/13/2018 � p STATE OF IDAI-L )° County of Canyon On this 13th day of April in the year of 2018 before me a Notary Public, personally appeared. Sharon Jessen, known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he/she executatO the same. Notaly Public for Idaho Residing at Canyon County My Commission expires 06/28/2023