HomeMy WebLinkAboutOrdinance 861ORDINANCE #861
BEING 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 MAINTENANCE COSTS OF WASTE TREAT~IENT
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
BE IT ORDAINED by the City Council of the City of Columbia Heights,
County of Anoka, Minnesota, as follows:
Section 1. 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 indus-
trial 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 a
sewer charge a 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.
Section 2. ESTABLISHMENT OF STRENGTH CHARGES For the Purposes 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 based 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
discharge into the se~er system of the City (the "Strength Charge").
Section 3. ESTABLISHMENT OF STRENGTH CHARGE FORMULA For the purpose
of computation of the Strength Charge established by Section 2 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
qualities 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.
Section 4. STRENGTH CHARGE P2,YMENT It is hereby approved, adopted
and established that the Strength Charge established by Section 2 hereof
shall be paid by each industrial user receiving waste treatment services
and subject thereto before the twentieth (20th) day next succeeding the
date of billing thereof to such user by or on behalf of the City, apd
such payment thereof shall be deemed to be delinquent if not so paid to
the billing entity before such date. Furthermore, it is hereby estab-
lished, 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.
Section 5 ESI'ABLISHMENT OF TAX LIEN As provided by Minnesota Statutes,
Section ~44.075, subdivision 3, it is hereby approved, adopted and
established that if payi~ent of the Strength Charge established by
Section 2 hereof is not paid before the sixthieth (60) day next
succeeding the date of billing thereof to the industrial user by or on
behalf of the City, said delinquent sewer strength charge, plus accrued
interest established pursuant to Section 4 hereof, shall be deemed to
be 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.
Section 6. SEVERABILITY In the event any provision of this ordinance
shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable
any other provision hereof.
Section 7. EFFECTIVENESS This ordinance shall take effect and be in force,
from and after thirty days after its passage.
First Reading: February 14, 1977
Second Reading' February 28, 1977
Offered by:
Seconded by'
Roll Call:
Logacz
Heintz
Logacz, Heintz, Nawrocki--aye
Norberg, Hentges--nay
Secretary
Bruce G'T ~'a~rocki, Mayor