HomeMy WebLinkAboutOrd. 224 - Industrial User Strength
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO, 224
An Ordinance repealing Ordinance No. 41 adopted September 8, 1977,
AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE
IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE
BY AN INDUSTRIAL STRENGTH CHARGE FORMULA FOR THE
COMPUTATION THEREOF TO RECOVER OPERATION AND MAINTENANCE
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 IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 1.
Purpose.
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 mmpliancewith the 'Federal Water Pollution Control Act
Amendments of 1972 and regulations thereunder (the "A:ct"), has determined to impose
an industrial user sewer strength charge upon users in the Metropolitan Disposal System
(as defined in Minnesota Statutes, Section 473.21, Subd. 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 the 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,
Subd. 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.
Section 2.
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
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established, in addition to the sewer charge based upon the volume of discharge, a sewer
charge upon each person, firm, or corporation receiving waste treatment services within
or served by the City, based upon strength of industrial waste discharged into the sewer
system in the City (the "Strength Charge").
Section 3.
Establishment of Strength Charge Formula.
For the purpose of computation of the Strength Charge established in 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 and Resolution No. 76-173
adopted by the governing body of the Commission, 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 Payment.
It is hereby approved, adopted and established that the Strength Charge established in
Section2 hereof shaH be paid by each industrial user receiving waste treatment services
and subject thereto before the twentieth (20th) day 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 ifnot so paid to the billing entity beforesuch"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.
Section 5.
Establishment of Tax Lien.
As provided by Minnesota Statutes, Section 444.075, Subd, 3, it is hereby approved,
adopted and established that if payment of the Strength Charge established in Section 2
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 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(s) shall certify such unpaid delinquent balance to the County Auditor with taxes
against the property served for collection as to other taxes are collected; provided,
however, that such certification shall not preclude the City or its agent(s) from recovery
of such delinquent sewer strength charge and interest thereon under any other available
remedy.
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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 provisions hereof,
Adopted by City Council of the City of Andover on this ilt day of~, 1997,
ATTEST:
CITY OF ANDOVER
tL~ d/v
Victoria V olk, City Clerk
t, t J1J&I4~~
a. E. McKelvey, Mayo
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