17-80 ORDINANCE NO. 17-80
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS"
BY ENACTI[~G A NEW ARTICLE IV, ESTABLISHING A USER
CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM FOR THE
USE OF CERTAIN SEWERS; ESTABLISHING A SYSTEM OF SEWER
RATES, CHARGES AND SURCHARGES; AUTHORIZING RULES AND
REGULATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach has undertaken to construct
w~stewater facilities and maintain regional wastewater collection and
treatment facilities within its service area as designated and agreed upon
by proper authority, and proposes to furnish sewage treatment and collec-
tion for said area; and,
WHEREAS, the City of Delray Beach is obligated to set sewer user
rates and other charges in amounts sufficient to pay the expenses of
operating and maintaining such facilities, to provide debt service and
funds necessary for improvement, and to provide a margin for reserve; and,
B~EREAS, the City of Delray Beach is required to record, as an
ordinance, the contents of this User Charge and Industrial Cost Recovery
System which at all times is open to the inspection of citizens,
franchises, and governmental entities which are part of the system; and,
WHEREAS, the City of Delray Beach is required to enforce the pro-
visions of the Federal Water Pollution Control Act Amendments of 1972 and
the State of Florida Pollution Control Laws; and,
WHEREAS, it is necessary to finance wastewater treatment and
collection systems and to qualify for financial assistance to construct
such facilities; and,
WHEREAS, the City of Delray Beach recognizes its responsibility
to maintain adequate records as needed to operate the USER CHARGE AND
INDUSTRIAL COST RECOVERY SYSTEM, both physically and financially; and,
WHEREAS, the City of Delray Beach acknowledges the authority of
the Environmental Protection Agency to audit and monitor the operation of
the USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM; and,
WHEREAS, the City Council of the City of Delray Beach desires to
establish the regulations for the operation, maintenance and management of
the sewer system,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 29, Article IV, to be entitled "User
Charge And Industrial Cost Recovery System" is hereby enacted to read as
in the attachment hereto labeled Exhibit A, which is incorporated herein
and made a part hereof.
Section 2. That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed.
Section 3. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be declared
by a Court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten days
after passage on second and final reading, except for Section 29-75,
"Industrial Cost Recovery System", which shall become effective on
July 1, 1980.
PASSED AND ADOPTED in regular session on second and final reading
on this the 28th day of April , 1980.
M A Y O~bR
LEON M. WEEKES
ATTEST:
City Clerk
First Reading April 14~ lqR~
Second Reading April 28, 1980
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EXHIBIT "A"
$£CIION 29 - 73: DEFINITIONS -
As used in Chapter 2B, Article IV, the following terms .s~hall have
the meanings stated:
1. "8.0.D.": lhe abbreviation for Biochemical Oxygen Demand or
the q~'antity of oxygen used in the biochemical oxidation of organic
matt6r in a specified time (5' days) at a specified temperature (20
degrees centigraoe) and under specified conditions (Standard Laboratory)
expressed in milligrams per liter.
2. "Suspe~;ded Solids": Solids that either float on the surface
of or are in suspension in water, wastewater or other liquids and which
are largely removable by laboratory filtratiol. ·
3. "DomesticWastewater": Wastewater ~erived principally from
dwellings, commercial buildings, institutions and.industry resulting
from household or toilet wastes resulting from human occupancy. It may
or may not contain grou~dwate~r, surface water or storm water.
4. "Industrial or Commercial Waste": The liquid wastes from
industrial commercial or institutional processes as distinct from
domestic or sanitary sewage. '
5. '"Industrial Waste Discharge Permits": A permit issued to
control the industrial, com~ercial or institutional process flows from
users that may be discharged into the sanitary sewer system. This
permit is issued in addition to other types of permits. When
any
issued, the permit will define the characteristics and volume of the
flow and acceptance or rejection of individual waste components.
6. "MG/L": Milligrams per Liter - the quantity by weight of a
minor constituent present in a given volume of a solution or mixture,
expressed in milligrams per liter.
7, "Collection System": The system of F'ublic se~cers to be
operated by the City of Delray Beach or public sewers connected to the
City system collecting wastewater from point sources.
8. "Industrially Classified User": An industrial or commercial
user ~:~hose liquid wastes are ~n part made up of flows related to indus-
trial processes, as distinct from an industrial or commercial user whose
waste flows are primarily domestic or resulting from human occupancy.
9. "Industrial Cost Recovery": ~Recovery by a Federal grantee
from the industrially classified users of a treatment works of the grant
amount allocable to the treatment of wastes from such users.
10. "Treatr.~ent Works": The wastewater ~reatment plant, inter-
ceptors, force mains, lift stations and collec-~io~ systems.
11. "Grantee": Recipient of a Federal Grant for all or a portion
of a treatment works as'~administered by the En'~ironmental Protection
Agency.
12. "Replacement": Expenditures fo~ obtaining and installing
equipment, accessories or appurtenances which ~re necessary during the
service life of the treatment process facilities to maintain the capacity
and performance for which such facilities were designed and constructed.
13. "Person": Any individual, establishment, firm, company,
association, society, corporation or group.
14. "User Charge": A charge levied on the users of the treatment
process facilities for the cost of operation and maintenance of such
facilities and other equitable and necessary charges.
15. "Surcharge": A charge levied on the ~sers of the treatment
works whose wastewater discharge exceeds the parameters established for
wastewater strength.
.16. "Shall" is mandatory; ."May" is permissive·
SECTI01~ 29-7~: USER CHARGE SYSTEM
There is hereby imposed upon the o~ers and upon the users of each
~etail and wholesale customer served by the sewer system a monthly User
Charge for the use thereof as follows:
,. Sewer Rates
A charge for waste resulting from human occupancy which shall
include all of the following factors for the operation of the collection
system'and treatment of wastewater by the regi,~nal wastewater facility.
(a) Ope. ration a~d maintenance.
(b) Debt service.
(c) Capital costs.
(d) System expansion.
(e) Others as applicable.
2. Sewer Surcharge
A surcharge for waste in excess of the parameters for strength
established in the INDUSTRIAL AND COIqI,1ERCIAL WASTE ORDINANCE, Chapter 29,
Article V, Sec. 29-87(2) , which may be assessed to all applicable
customers.
3. ~holesale Sewer Rates - This section is applicable to those whole-
sale customers which maintain their own waste~,~ater collection systems.
They shall be charged a flat rate per 1,O00 gallons, the quantity of
~ich. shall be determined by the metering of the wastewater discharge
from.each wholesale customer's individual wastewater collection system.
The metering device shall be satisfactory to the City and shall
provide for a seF,arate remote 30-day recording device which shall have
a, totalizer. Location of the metering device shall be at an accessible
location as agre~:d upon by the parties involved and as further explained
and stipulated il~ an agreement to be executed by both parties.
All costs i~cident to the furnishing, installation, initial cali-
bration and maintenance on a continuing basis of said meter is and shall
~e the'wholesale customer's responsibility. The wholesale customer will
provide to the City or ~ts designated representative full details on
the proposed meter installation and assurance that such installation
will co~m, ence only upon the written authorization of the City. The
City shall provide such authorization within 10 days after receipt by
the City of the details of the above .proposed meter installation.
~he meter shall be read monthly by a duly authorized agent of the
City, and the wholesale customer shall provide access to the meter for
this purpose. In the event of suspected inaccuracy in meter readings,
the City shall have the right to request that the meter be tested by an
independent organization in accordance with standard practices, If the
meter shall be found inaccurate or defective, the cost of the meter test
shall be borne by the wholesale customer. If the ~ter shall be found to
be'accurate and in good condition, the cost of the meter test shall be
borne by the City.
'.
In the event of extenuating circumstances, the City. Council may, at
its discretion, direct that sufficient proof other than the installation
of a metering device may be acceptable to determine the quantity of
wastewater discharge.
4. Calculation"o~ Sewer Surcharge
Percent of Allowable Level
Parameter Affect on Costs of Sewaqe Strength
BOD 41 200 mg/1
SS 29 200 mg/1
Strength factor for BOD5 computed at: = F
x.~
3OO
mg/1
0.41
300 rog/1
.
S - 300 mq/1
Strength factor for total, SS computed at: 0.29 x 300 mg/1 = F
.
Where B is the industrial or commercial BOD5 in mg/1.
Where S is the industrial or com~ercial total suspended solids in rog/1
-
Where F is the factor to multiply the sewer rate for a surcharge ..
due to excess strength. The surcharge will be added to the sewer
rate to develop the monthly cost per customer.
Example of Sewer Surctlarme
Utilizinq Sewer Rate and Strenqth Surcharqe Formula
.Aj.'ax Manufacturinq Company
Total Monthly Flow - 100,000 Gallons
BOD5 - 500 mg/1
Total Suspended Solids - 900 mg/1
Sewer Rate/1,O00 Gallons + Surcharge =
~'~ i A. Sewer Rate
~,~i $1.00/1,000 Gallon x 100,000
1,000 ga]. = $100.00 Month
i B. Surcharge
~ B = 0.41 (500 - 3013) = 0.27
S = 0.29 (900 - 3.00) = 0.58
300
F-- 0.2'/ + 0.58 = 0.85
D. Sewer Rate 100. O0
~ ~OTAL CHARGE $185.00
SECTION 29_75: INDUSTRIAL COST REcOVErY SYSTEM
There is hereby i~posed upon the owners and upon the users of each
industrially classified property served by the sewer system an annual
Industrial Cost Recovery Assessment for the use thereof, subject to the
following rules, regulations and limitations:
1. Industrial Cost Recovery will be administered in accordance
with the Federal Water Pollution Control Act Amendments of 1972 and in
accord with the Environmental Protection Agency Guidelines.
2. Industrial users shall be as defined under the Standard
Industrial Classification Manual, Divisions A, B, D, E and I.
3. Users that introduce primarily domestic ~.~astes or wastes from
sanitary conveniences are not required to pay an Industrial Cost Recovery
Assessment.
4. Industrially classified users which discharge less than
25,000 gpd of industrial process flows shall be exempt from Industrial
Cost Recovery.
5. Industrially classified'users shall pay an assessment equal to
the amount of the Federal Grant allocable to the treatment of industrial
waste flow according to the formula as established herein. '~
6. As a minimum, an industrially classified'user's assessment
shall be based on sewage flow as a percentage of treatment work capacity.
?, If there is a substantial change in the volume introduced into
the treatment work~ by an industrially classified user, such user's
assessment shall b~ adjusted accordingly.
8. If there is an expansion of the treatment works capacity, each .
existing industrially classified user's assessment shall be adjusted as
required to maintain proportionality.
9. A "significant" industrially classified user is one who will
contribute greater'than 10 percent of the treatment works capacity. A
letter of agreement must be executed between tY~e grantee and the sig-
nificant user. ~
10. An industrially classified user's assessment shall include any
firm commitment to the grantee of increased use by such user.
ll. An industrially classified user's assessment shall not include
any portion of the Federal Grant amount allocable to unused or unreserved
capacity.
12. An industrially classified user's share shall not include an
interest component.
13. Assessment will begin at the commencement of operation of a
treatment works during which the Federal Grant amount is applied. Each
industrially classified user will pay its share of the applicable
Federal Grant amount divided by the recovery period of 30 years, or the
service life of the treatment works, whichever is less.
Industrial Cost Recovery by a new industry shall
payments
begin on the date use is initiated and shall continue for the unexpired
portion of the Industrial Cost Recovery period or until the industry
ceases use of the facility, whichever occurs first. Discontinuance of
use 6f treatment works by an,~ndustrial user (including termination of
any agreement for reserve capacity) will nullify the requirement of an
Industrial Cost Recovery Payment from that user. There is no require-
mint for other industries presently using the treatment works to assume
that portion of~ Industrial Cost Recovery which is unrecovered due to the .
departure of an industrial user.
15~i Sewer users shall have the right to appeal to the Board of
Construction Appeals on any matter concerning the interpretation and
administration of this User Charge and Industrial Cost Recovery Ordinance
pursuant to the provisions of Article ].x~vlI, Chapter 9, o~ the C±t1~ o~
Delray Beach. Code of Ordinances.
16. Not later than 30 days after the Industrial Cost Recovery
period begins, the grantee will establish the accounting period for the
Industrial Cost Recovery system and will notify the Regional Adminis-
trator, in writing, of the date of this implementation of the Industrial
Cost Recovery system. The first payment to the grantee by the industrial
users shall be made not later than one after the beginning of the year
Industrial Cost Recovery period.
17. The grantee shall retain 50 percent of the amounts recovered
from industrially classified users. The remainder, together with any
interest earned thereon, shall be returned to the U. S. Treasury on an
annual basis. A minimum of 80 percent of the retained amounts, together
with interest earn(~d thereon, shall be used solely for the allowable
costs of the expansion or reconstruction of treatment works associated
with the project and as necessary to meet the requirements of the act.
The grantee shall obtain the Written approval of the Regional Adminis-
trator of EPA prior to commitment of the retained amounts for any
expansio~ and reconstruction. The remainder of the retained amounts may
be used as the grantee desires. Pending use, the grantee shall invest
the retained amounts for reconstruction and expansion in: (a) obli-
gations of the U. S. Government; or (b) obligations guaranteed as to
principal and interest by the U. S.'Governme~t or any agency thereof; or
(c) shall deposit such amounts in accounts fully collateralized by
obligations fully guaranteed as to principal ar,~d interest by the U. S.
Government or any agency thereof.
'~METHOD OF CALCULATION FOR
ANNUAL INDUSTRIAL COST R£COVERY ASS.SS,,,,~,tT
Federal Grant
= Cost Per Gallon
Design Capacity
Waste Load
= ^nnual Assessment
Cost Per Gallon x Service Life
Where - Federal Grant represents the eligible Federal
share of the project costs. .
Where - Design Capacity represents the treatment capacity
of the wastewater plant and/or the design capacity
of pumping and transmission facilities in gallons
per day as established.
Where - Cost per Gallon represents the cost per gallon
as applied to the Federal Grant.
Where - Waste Load represents the wastewater load applicable
to the individual industrially classified user as
compiled on a daily basis (excluding the quantity
of domestic waste calculated for employee use).
Where - Service Life r~p~es6nts the usable life of the
pro3ect.
Where - Ann~ial Assessment represents the total annual
ass~:ssment payable by the user for Industrial
Cos'~ Recovery for the fiscal year in which '
cal.:ul ated.
EXA~.IPLE OF ASSESSr-!ENT CALCU[ATIOrlS
FOR II~DUSTRiAL COST RECOVERY
Given: 1. Ajax Mfg. Co. - 25,000* gallons (daily industrial
process was{eload which excludes the quantity of
domestic waste calculated for employee use).
2. Total daily design flow of the grant eligible items -
1,200,000 gallons.
$. Federal Grant amount - $1,000,000.
4. Assumed life of the project 30 years.
$1,000,000 - $0.83 Cost Per Gallon
'1,200,000 Gallons
x ,ooo:
$20,750
= $692 Annual Assessment
20 S.ervice Life
*' This calculation assumes no changes in waste load
over the 30-year usable life of the project.
SECTION 29-76: REGULATIONS
Regulations of the Ordinance shall apply to all users of the
sewer facilities whether inside or outside of the City limits.
SECTION 29-77: PENALTIES
1~ Any person found to be violating any provision of the
ordinance 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 29-77 shall be guilty of a violation
of the Code, and on conviction thereof shall be fined in the amount not
exceeding five thousand ($5,000) dollars 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 ,A~ticle
shall become liable to the City for any expense, loss, or damage
occasioned the City by reason of such violation.
SECTION 29-78: AMENDMENTS
This Ordinance shall be subject to review and revision on the
minimum of an annual basis and the City of Delray Beach reserves the
right to modify this Ordinance or any parts thereof at any time
or from time to time.
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