Sections:
10.08.01 Definitions
10.08.02 Precedence
10.08.03 Applying charges
10.08.04 Excess revenues
10.08.05 Schedule of charges
10.08.06 Classification of users
10.08.07 Rates based on water consumption
10.08.08 Schedule
10.08.09 New domestic users
10.08.10 Monthly rates
10.08.11 Reduction
10.08.12 Other sewage
10.08.13 Surcharge schedule
10.08.14 Rate structure reviewed annually
10.08.15 Discharging toxic pollutants
10.08.16 Notification of rate
10.08.17 Bills
10.08.18 Reduction of rates
10.08.19 Charges for facilities
10.08.20 Fine
10.08.21 Septic tank effluent pump (STEP) systems
10.08.22 Low pressure sewer systems
10.08.23 Financial Management System
10.08.24 Review of user charges
10.08.01 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:
Biochemical Oxygen Demand (BODs) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at 20° C, expressed in milligrams per liter.
Capital Charge shall mean that portion of the total wastewater service charge which is levied for local capital costs, local investment in plant facilities and other local costs excluding operation, maintenance and replacement costs.
City shall mean the city of Mayflower, Arkansas, or any authorized person acting in its behalf.
Commercial User – Those users which have two or more living units served by a single water meter, or which have one or more businesses served by a single water meter.
Filtration/Inflow – Total quantity of water other than wastewater from both infiltration and inflow without distinguishing the source from defective pipes, pipe joints, connections, manholes, roof leaders, cellar drains, yard drain, area drains, foundation drains, drains from springs and swampy areas, cross connections, catch basins, cooling towers, storm waters, surface runoffs, street wash waters, or drainage.
Institutional User – Those users that qualify as an institutional user are schools, kindergartens, and churches that are non-profit operations and exempt from real property taxes.
Industrial User – any non-governmental, non-residential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (GPD) of sanitary and/or industrial wastes and which is identified in the Standard Industrial Classification Manual under divisions A, B, D, E, I and/or any non-governmental user which discharges wastewater which contains toxic pollutants, poisonous solids, liquids or gases in sufficient quantities to contaminate the sludge, injure or interfere with the treatment system process, or which constitutes a hazard to humans or animals, creates a public nuisance, creates a hazard or has an adverse effect on the receiving waters.
Living Unit – A residential unit providing complete, independent, living facilities for one family, including permanent provisions for living, sleeping, cooking, eating and sanitation.
Municipality – A city, town, improvement district, association or other public body created under state law having jurisdiction over disposal of sewage, industrial waste, or other waste. Special districts such as water, sewer, sanitary, utility, drainage, transport, or disposal of liquid waste of the general public in a particular geographic area.
Normal Sewage – Normal Sewage is sewage which when analyzed, shows by weight a daily average of not more than 250 mg/I of BOD and not more than 250 mg/1 of TSS, and which is otherwise acceptable into the city’s sanitary sewerage system.
Residential User – those users which have no more than one living unit served by a single water meter.
Surcharge – a charge added to the normal user charge when the BOD, TSS, or other pollutant concentration from a user exceeds the range of concentration of these pollutants in normal domestic sewage. (Ord. No. 83-5, Sec. 1.)
Total Suspended Solids (TSS) shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
User Charge shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment and collection system, as hereinafter provided, for the payment of a portion of debt service on the city’s outstanding indebtedness payable from revenues of the wastewater treatment and collection system. (Ord. No. 01-4, Sec. 4.)
Wastewater Treatment System – The transport of wastewaters from individual homes or buildings to a plant or facility where treatment is accomplished; to remove pollutants, dispose, recycle, or reuse the treated wastewater and residues which results from the treatment process.
10.08.02 Precedence. This user charge ordinance shall take precedence over any terms or conditions of agreements or contracts between the city and the users including commercial, industrial, special districts, other municipalities, or Federal agencies or installations which are inconsistent with this ordinance. (Ord. No. 83-5, Sec. 2.)
10.08.03 Applying charges. The city will apply charges for operation and maintenance pertaining to extraneous flows (i.e. infiltration/inflow) in the same manner that it distributes the cost of operation and maintenance among users or user classes for their actual use. (Ord. No. 83-5, Sec. 3.)
10.08.04 Excess revenues. The city will apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly. (Ord. No. 83-5, Sec. 4.)
10.08.05 Schedule of charges. There is hereby levied on all persons, firms, corporations, organizations, political units and political subdivisions and all other entities using the wastewater collection and treatment system of the city, a schedule of charges as hereinafter provided. (Ord. No. 83-5, Sec. 5.)
10.08.06 Classification of users. Users connected to and served by the sewer system of the city be classified as either domestic, commercial, institutional or industrial. (Ord. No. 83-5, Sec. 6.)
10.08.07 Rates based on water consumption. The monthly rates for sewer services furnished to domestic users be based, in part, on the water consumed in the month services are rendered as set forth in 10.08.08. (Ord. No. 2001-4, Sec. 3.)
Sewer rates shall be set by the City Council and shall be modified or amended, from time to time, without necessity of an ordinance, as the City Council may deem it necessary. (Ord. No. 2000-3, Sec. 3.)
10.08.08 Schedule. The City hereby establishes rates to be charged for services furnished by the sewer facilities of the System, which the City Council finds and declares to be the fair, reasonable and necessary, to be charged to all users who are connected to the sewer facilities of the System. The Pump Maintenance Account charge will only apply to those homes that use either the septic tank effluent pump (STEP) system or a grinder pump type sewer system. Each customer connected to the sewer facilities of the System shall pay a flat fee for debt service each month, whether or not such customer uses any water for that month. Other charges to users of the sewer facilities of the System for debt service and OM&R shall be based upon volume of water used.
Effective September 1, 2020 to August 31, 2021
For the period September 1, 2020 to August 31, 2021, the minimum bill for each customer connected to the sewer facilities of the System that uses either the septic tank effluent pump (STEP) system or a grinder pump type sewer system shall be $22.72 per month, with increases as indicated above. For the period September 1, 2020 to August 31, 2021, the minimum charge for users within the City limits will be $11.52 per month, with increases as indicated above. For the period September 1, 2020 to August 31, 2021, the minimum charge for users outside the City limits will be $12.72 per month, with increases as indicated above. (Ord. No. 2020-06, Sec. 1)
10.08.09 New domestic users. All new domestic users initiating service be charged on the basis of the water consumption the month services are rendered. (Ord. No. 83-5, Sec. 9.)
10.08.10 Monthly rates. The monthly rates for sewer services furnished to each commercial, institutional or industrial user be based on the water consumed by the said commercial, institutional, or industrial user each month at the rates set out in Section 8 hereof. (Ord. No. 83-5, Sec. 10.)
10.08.11 Reduction. That upon a showing by a user to the satisfaction of the city, the water consumed by the said user does not enter the wastewater system, a reduction will be allowed in the user charges for the volume not entering the wastewater system, provided that the volume of wastewater shown not entering the wastewater system exceeds 50,000 gallons per month or twenty percent of the monthly use, whichever is greater of the total water consumed by the user; and provided further, that no reduction of user charges be allowed to any user whose water consumption is less than an average of 50,000 gallons per month. (Ord. No. 83-5, Sec. 11.)
10.08.12 Other sewage. Every user who discharges sanitary sewage, industrial wastes, water or other liquids other than normal sewage be charged and pay a surcharge in addition to the charge for normal sewage. (Ord. No. 83-5, Sec. 12.)
10.08.13 Surcharge schedule. The following surcharge schedule, which includes a portion designated as the user charge, will be implemented. The user charge portion is to be for the payment of the costs of operation and maintenance including replacement of the wastewater collection and treatment system. Charges shall be based on one hundred percent (100%) of metered water use in accordance with the following formula:
10.08.14 Rate structure reviewed annually. The user charge portion of the rate structure will be reviewed at least annually to accomplish the following:
A. Insure that the existing user charge rate is adequate to cover operation, maintenance and replacement costs.
B. Insure that operation, maintenance, and replacement costs are being distributed proportionally among users and user classes. (Ord. No. 83-5, Sec. 14.)
10.08.15 Discharging toxic pollutants. Any user which discharges any toxic pollutants which cause an increase in operation, maintenance and replacement costs shall pay for such increased costs. (Ord. No. 83-5, Sec. 15.)
10.08.16 Notification of rate. The city shall notify each user annually of the rate and that part of the user charge attributable to wastewater treatment services. Notification may be provided by posting of rate schedule at the Water and Wastewater Office, public notice in the local newspaper or by mailing to the individual users. (Ord. No. 83-5, Sec. 16.)
10.08.17 Bills. Bills for the service charges for the use of the wastewater collection and treatment system by a user or premises shall be rendered to the person or legal entity designated by the owner, his agent, tenant or occupant to receive the water bill. The bills for the service charges for use of the wastewater collection and treatment system shall be rendered monthly and the due date to pay such bills shall be the same as the date for the water bill rendered to the name and address designated for such premises. When any wastewater service bill is ten (10) days in default, rendition of water service to such premises shall be discontinued until such bill is paid following due notice and opportunity for a hearing by the City Water and Sewer Committee. (Ord. No. 83-5, Sec. 17.)
10.08.18 Reductions of rates. The said rates shall never be reduced below an amount sufficient to provide for the operation and maintenance of the said sewer system and for the payment of the principal of and interest on existing bonds, and shall, when necessary, be increased to provide for said operation and maintenance and for the payment of the principal of and interest on existing bonds. (Ord. No. 83-5, Sec. 18.)
10.08.19 Charges for facilities. None of the facilities or services afforded by the sewer system shall be furnished without a charge being made therefore. In the event the city or any department, agency, or instrumentality thereof shall avail itself on any of the facilities or services so afforded, the reasonable value thereof shall be charged against the city, or such department, agency or instrumentality, and shall be paid for as the charges therefore accrue. The revenues so received from the city shall be deemed to be revenues from the operation of the sewer system, and shall be used and accounted for in the same manner as any other revenues derived from its operation; provided, however, that nothing herein shall be construed as requiring the city, or any department, agency, or instrumentality thereof to avail itself of the facilities or services afforded by the sewer system. (Ord. No. 83-5, Sec. 19.)
10.08.20 Fine
A. A person who continues discharging wastewater in violation of this ordinance is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $200.00 for each violation and for each day of violation.
B. In addition to proceeding under authority of subsection (a) of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statues or other ordinances against a person continuing prohibited discharges. (Ord. No. 83-5, Sec. 20.)
10.08.21 Septic tank effluent pump (STEP) systems. All STEP type sewer systems must receive City Council approval prior to installation. STEP type sewer systems must meet all Arkansas Health Department and Mayflower Waterworks Department requirements. (Ord. No. 2000-03, Sec. 2.)
10.08.22 Low pressure sewer systems. All grinder pump type systems must receive City council approval prior to installation. Low-pressure sewer systems must meet all Arkansas Health Department and Mayflower Waterworks Department requirements. (Ord. No. 2000-03, Sec. 2.)
10.08.23 Financial Management System. A financial management system shall be established and maintained by the city to document compliance with federal regulations pertaining to the city’s bonded debt. Such system will account for all revenues generated and expenditures for operation and maintenance (including repairs). (Ord. No. 01-4, Sec. 2.)
10.08.24 Review of user charges. Any user who feels his user charge is unjust and inequitable may make written application to the City’s Water and Sewer Committee requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the user charge is based, including how the measurements or estimates were made. Review of the request shall be made by the City’s Water and Sewer Committee and if substantiated, the user charge for that user shall be recomputed based on the revised flow and/or strength data and the new charges shall be applicable to the next billing cycle/period. (Ord. No. 01-4, Sec. 2.)
