HomeMy WebLinkAboutCity Council Ordinance 1977-01CITY OF PLYMOUTH
ORDINANCE NO. 77-1
AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE
IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE
BY AN INDUSTRIAL USER AND ESTABLISHING AN INDUSTRIAL USER
STRENGTH CHARGE FORMULA FOR THE COMPUTATION THEREOF TO RECOVER
OPERATION AND t4AINTENANCE COSTS OF WASTE TREATMENT SERVICES
ATTRIBUTABLE TO THE STRENGTH OF THE DISCHARGE OF INDUSTRIAL
WASTE INTO THE SEWER SYSTEM AND ESTABLISHING TAX LIEN AGAINST
PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE AND
AMENDING CHAPTER VIII. SECTION 8 OF THE CITY CODE
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Amendment of the City Code. Chapter VIII, Section 8
of the City Code is hereby amended by adding the following thereto as
Section 8.03A:
"8.03A. Industrial User Strength Charge.
(a) Recitals. The Metropolitan Waste Control Commission,
a metropolitan commission organized and existing under the laws
of the State of Minnesota (the "Commission"), in order to receive
and retain grants in compliance with the Federal Water Pollution
Control Act Amendments of 1972 and regulations thereunder (the
"Act"), has determined to impose an industrial user sewer strength
charge upon users of the Metropolitan Disposal System (as defined
in Minnesota Statutes, Section 473.121, subdivision 24) to recover
operation and maintenance costs of treatment works attributable
to the strength of the discharge of industrial waste, such sewer
strength charge being in addition to the charge based upon the
volume of discharge. In order for the City to pay such costs
based upon strength of industrial discharge and allocated to it
each year by the Commission, it is hereby found, determined and
declared to be necessary to establish sewer strength charges and
a formula for the computation thereof for all industrial users
receiving waste treatment services within or served by the City.
Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3,
empowers the City to make such sewer charge against the owner,
lessee, occupant or all of them and certify unpaid charges to
the county auditor as a tax lien against the property served.
(b) Establishment of Strength Charges. For the purpose
of paying the costs allocated to the City each year by the
Commission that are based upon the strength of discharge of all
industrial users receiving waste treatment services within or
served by the City, there is hereby approved, adopted and
established, in addition to the sewer charge basel upon the
volume of discharge, a sewer charge upon each company or
corporation receiving waste treatment services within or served
by the City, based upon strength of industrial waste discharged
into the sewer system of the City (the "Strength Charge").
(c) Establishment of Strength Charge Formula. For the
purpose of computation of the Strength Charge established by
Paragraph (b) hereof, there is hereby established, approved
and adopted in compliance with the Act the same strength charge
formula designated in Resolution No. 76-172 adopted by the
governing body of the Commission on June 15, 1976, such formula
being based upon pollution qualities and difficulty of disposal
of the sewage produced through an evaluation of pollution qua-
lities and quantities in excess of an annual average base and
the proportionate costs of operation and maintenance of waste
treatment services provided by the Commission.
:r -x
(d) Strength Chara Pa nt. It is hereby approved, s"
adopted and established that the Strength Charge established
by Paragraph (b) hereof shall be paid by each industrial user €
receiving waste treatment services and subject thereto before j
the twentieth (20th) day next succeeding the date of billing
thereof to such user by or on behalf of the City, and such
payment thereof shall be deemed to be delinquent if not so paid
to the billing entity before such date. Furthermore, it is
hereby established, approved and adopted that if such payment ;
is not paid before such date an industrial user shall pay
interest compounded monthly at the rate of two-thirds of one
percent (2/3%) per month on the unpaid balance due.
(e) Establishment of Tax Lien. As provided by Minnesota
Statutes, Section 444.075, Subdivision 3, it is hereby approved,
adopted and established that if payment of the Strength Charge
established by Paragraph (b) hereof is not paid before the
sixtieth (60th) day next succeeding the date of billing thereof
to the industrial user by or on behalf of the City, said delin-
quent sewer strength charge, plus accrued interest established
pursuant to Paragraph (d) hereof, shall be deemed to he a charge
against the owner, lessee and occupant of the property served,
and the City or its agent shall certify such unpaid delinquent
balance to the county auditor with taxes against the property
served for collection as other taxes are collected; provided,
however, that such certification shall not preclude the City
or its agent from recovery of such delinquent sewer strength
charge and interest thereon under any other available remedy.
(f) SeevverabiliU. In the event any provision of this
ordinance shalTbe held invalid or unenforceable by any court
of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof."
Section 2. Effective Date. This ordinance shall take effect
upon its passage and publication.
Adopted by the City Council the 7th day of February, 1977. __
i e, F. ayor
ATTEST:
City -'Clerk y