HomeMy WebLinkAboutAmending Various Sections of Chapter 17 Adjust Sewer Rates and Charges Incrementally Through 2016ORDINANCE No. 10290-14
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
February 10 20 14
Presented by me to the Mayor of the City of South Bend, Indiana
February 11 20 14
City Clerk
esident of Common Council
Approved and signed by me Ff B 4 U A4 1 i3 20 /�
7� i
City Clerk
ORDINANCE NO. 1, () 1 �6
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2,
OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES
INCREMENTALLY THROUGH 2016
STATEMENT OF PURPOSE AND INTENT
On June 28, 2010 South Bend enacted a sewer rate adjustment through Ordinance
#10019 -10 which set rates for the years 2010 through 2013. At this time the 2013 rates in
Ordinance #10019 -10 apply to South Bend's sewer utility customers.
South Bend received a National Pollution Discharge Elimination Permit ( NPDES) in
conjunction with a Long Term Control Plan (LTCP) required by the federal Environmental
Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM) to
greatly reduce combined sewage overflow (CSO) events in the St. Joseph River in compliance
with the Clean Water Act. The LTCP resulted from a negotiated consent decree to resolve a
complaint by EPA and IDEM alleging that South Bend had violated sections of the federal Clean
Water Act.
South Bend's cost of complying with the LTCP and its NPDES Permit in protecting the
St. Joseph River is substantial, and South Bend has prudently planned for this remediation
through a 20 year environmental infrastructure improvement and replacement process. The cost
of river protection through improvements to the sewage utility's infrastructure is financed
through sewer rates, and South Bend's current rates are inadequate to cover total EPA mandated
changes to the City's sewage treatment system, as recognized in Ordinance #10019 -10.
Additionally, South Bend's basic costs of operation and maintenance of its sewer utility have
increased despite innovative cost savings programs initiated by the City's Environmental
Services Department.
The sewer rates which have been in effect for the past four years were implemented on an
incremental basis to correspond with projected near future increased costs of Clean Water Act
remediation, and the expected increased costs of general operation and maintenance over a four
year period. The additional income to the utility will pay for improvements to separate sewers, to
reduce sewage overflows to basements, and to increase capacity of the Wastewater Treatment
Plant. This incremental approach to maintaining a fiscally sound sewer utility capable of
complying with South Bend's federal NPDES Permit should be continued for the next four years
to avert potential double digit rate hikes in the near future. The rates set forth in this ordinance
remain highly competitive with those of similarly situated Indiana cities.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND as follows:
Section I. Chapter 17, Article 2, Division 4, Section 17 -20 of the South Bend Municipal Code be
and hereby is amended to read as follows:
Section 17 -20. Rates established.
Every person whose premises are served by said sewage works shall be charged for the service provided.
These charges are established in order that the sewage works shall recover revenue which is proportional to
its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of
operation and maintenance (including replacement) of the treatment works. User charges are subject to the
rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal
Register February 17, 1984 (40 C.F.R. 35.2140). Replacement costs, which are recovered through the
system of user charges, shall be based upon the expected useful life of the sewage works equipment.
Section II. Chapter 17, Article 2, Division 4, Section 17 -21 of the -South Bend Municipal Code be
and hereby is amended to read as follows:
Section 17 -21. Sewage rates determination.
(a) Generally. For the use of the service rendered by sewage works, rates and charges shall be collected
from the owners of each and every lot, parcel or real estate or building that is connected with the City
sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either
directly or indirectly, into the sanitary sewage system of the City of South Bend. Such rates and charges
include user charges, debt service costs, excessive strength surcharges and other service charges, which
rates and charges shall be payable as hereinafter provided.
(b) Schedule of Rates and Charges
(1) The sewage rates and charges shall be based on the quantity of water used on or in the property or
premises subject to such rates and charges as the same is measured by the water meter there in use, plus a
base charge based on the size of water meter installed, except as herein otherwise provided. For the purpose
of billing and collecting the charges for sewage service, the water meters shall be read monthly and the
users shall be billed each month (or period equaling a month). The water usage schedule on which the
amount of said rates and charges shall be determined is as follows:
Schedule of Rates and Charges
Metered Rates
2940* 244
2492
2043
2014
2015
2016
(per 100 cubic feet)
$9-88 $2$3
$2,23
$2,43
2.55
$2.68
$2.81
Base - Monthly
Charge
5/8
inch meter
P9-94 247
23y
23-.0
27.11
28.47
29.89
3/4
inch meter
V&87
$44-W
12LL4
$38.37
$40.29
1
inch meter
4S9 30:0
34.30
9_4
62.46
165.59
Jk&E
1 1/2
inch meter
3�9 442.
422.1_
140.18
$147.18
$154.54
2
inch meter
$1 -7-589 9 -99,62
4g$
27:67
239.05
$251.01
$263.S 6
3
inch meter
91,3 g37A
07600
3}9�
545.70
$572.98
$601.63
4
inch meter
7-} '�77 -1g
gq7
923-3
969.54
$1,018.02
$1,068.92
6
inch meter
9- 396-33 9 -740:0
$gFy63
2.0y7 -.35
$2,170.72
$2,279.25
$2,393.22
8
inch meter
8441! 344&4
$ . . 6
368361•
$3,867.7
4 061.18
4 264.24
10
inch meter
44330 q -83636
})-.63
33g6Eg
$6,033.38
$6,335.05
$6,651.81
12
inch meter
639304 6- 968 -4+.
39357
g�.79a
$8,693.13
$9,127.78
$9,584.17
*Rates effeetive july 2010
PeeembeF 3-
9010. Rates feF2011,2-12
And 2013 are
f�f fiall alendafyeafs.
Unmetered Monthly Rate
Per Single Family Dwelling 2410* 244 244 2443 2014 2015 2016
Unit
$3304 $36,01- %3923 $42.78 $44.92 $47.16 $49.52
(2) For the service rendered to the City of South Bend said City shall be subject to the same rates and
charges established in harmony therewith.
(3) In order to recover the cost of monitoring industrial wastes, the City shall charge the user not less
than $100.00 per sampling event plus the actual cost for collecting and analyzing the sample(s) as
determined by the City or by an independent laboratory. This charge will be reviewed on the same
basis as all other rates and charges in this ordinance.
(c) Former Wholesale Users.
(1) Billing for sewage services to previously designated Class II wholesale users shall be in
accordance with the executed intermunicipal contract for wastewater treatment services, but such
contracts shall not be extended after their expiration dates due to elimination of the wholesale class
of users. This shall not affect authority to enter special rate contracts as provided in Section 17 -29
of this Chapter.
Section III. Chapter 17, Article 2, Division 4, Section 17 -23 of the South Bend Municipal Code be
and hereby is amended to read as follows:
Section 17 -23. Heavy demand surcharge.
(a) In order that the rates and charges may be justly and equitably adjusted to the service rendered to
users, the City shall base its charges not only on the volume, but also on strength and character of
the stronger - than- normal domestic sewage and wastes which it is required to treat and dispose of
The City shall require the user to determine the strength and content of all sewage and wastes
discharged, either directly or indirectly into the sanitary sewage system, in such manner, by such
method and at such times as the City may deem practicable in light of the conditions and attending
circumstances of the case, in order to determine the proper charge. The user shall furnish a central
sampling point available to the City at all times.
(b) Normal sewage domestic waste strength should not exceed ammonia- nitrogen in excess of
twenty -five (25) milligrams per liter of fluid, suspended solids in excess of two hundred fifty (250)
milligrams per liter of fluid, biochemical oxygen demand in excess of two hundred fifty (250)
milligrams per liter of fluid, or phosphorus in excess of ten (10) milligrams per liter of fluid.
Additional charges for treating stronger - than- normal domestic waste shall be made on the following
basis:
Excess Streneth of Waste Surcharges
2010*
204
20Q
204-3
2014
2015
2016
- Suspended Solids (Per Pound)
$0:44
$0:46
$04-7
$0-49
$0.20
$0.21
$0.22
(Concentration Limit 250 mg /1)
- Biochemical Oxygen Demand (Per
$4.49
$441-
$0-23
$4.25
$0.26
$0.28
$0.29
Pound)
(Concentration Limit 250 mg/I)
- Ammonia Nitrogen (Per Pound)
$1.34
$1.37
$1.44
$1.51
(Concentration Limit 25 mg/1)
- Phosphorous (Per Pound) $1:72 $1-8-7 $2-.04 $2-23 $2.34 2.46 $2.58
(Concentration Limit 10 mg/1)
(c) The determination of suspended solids, biochemical oxygen demand, ammonia- nitrogen,
phosphorus, ammonia and COD contained in the waste shall be in accordance with the latest
copy of "Standard Methods for the Examination of Water and Wastewater," as written by the
American Public Health Association, the American Water Works Association and the Water
Pollution Control Federation, and in accordance with "Guidelines Establishing Test Procedures
for Analysis of Pollutants," 40 C.F.R. Part 136.
(d) If the City and the user can agree upon the relationship between BOD and COD, then COD
may be used for calculating the BOD surcharge.
Section IV. Chapter 17, Article 2, Division 4, Section 17 -25 of the South Bend
Municipal Code be and hereby is amended to read as follows:
Section 17 -25 Review of rate schedule.
The sewage rates and charges set forth in the preceding section 17 -21 shall be revised and
adjusted for calendar year 2017 to assure adequacy in the cost of maintaining the City sewer
works in sound physical and financial condition necessary to render adequate and effective
service. However, until such adjustment, the sewage rates and charges in the preceding Section
17 -21 shall remain in full force and effect. Discussions between the City Administration and the
Common Council concerning sewer rates for 2017 and thereafter shall commence by June 2016.
The Mayor and Common Council retain ultimate authority and responsibility for the operations
and finances of the Municipal Utilities.
Section V. This Ordinance shall be in full force and effect on March 1, 2014 after adoption by
the Common Council and approval by the Mayor.
Attes . l
City Clerk
—�
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of
,, 2 0 L`i, at fl `,) o'clock k . m.
City C •k k
Approved and signed by me on the 13 day of F£ BR NAP¢ i 2 D f N, at S o'clock P
m.
lk REAFV\ RING t0-N 4S Su�s�
PUBLIC k'EA Z-'
3 rd REAu11NG 'L- 0--1j
NOT APPROVE@
REFERPED
PASSED
Mayor, ' y of 5P& Bend, Indiana
T1 16 an eCi Off
CITY CURK, 30U';' -H i3END, IN
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
.DEPARTMENT OF PUBLIC WORKS
February 7, 2014
President Oliver Davis
South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
In Re: Sewer Rates and Charges
Dear President Davis;
As a result of ongoing discussions between the Administration and Council, the attached
substitute bill amends the original bill by reducing to 5% the rates over the next three
years.
I will make the formal presentation and am available if you have questions.
Sincerely,
Eric Horvath, PE
Public Works Director
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
64 -13 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AMENDING VARIOUS
SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH
BEND MUNICIPAL CODE TO ADJUST SEWER RATES
AND CHARGES INCREMENTALLY THROUGH 2016
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation as substituting the rate from 9 % to 5 % and changing the year
from 2017 to 2016.
This bill was heard by the Utilities Committee.
Valerie Schey
Chairperson, Committee of the Whole