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Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article D Industrial Pretreatment Program, Secton 13-2D-10 Fees and Charges Copyrighted September 5, 2023 City of Dubuque Action Items # 06. City Council Meeting ITEM TITLE: Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article D I ndustrial Pretreatment Program, Section 13-2D-10 Fees and Charges SUM MARY: City Manager recommending City Council amend the City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal,Article D Industrial Pretreatment Program, Section 13-2D-10. ORDINANCE Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal,Article D Industrial Pretreatment Program, Section 13-2D-10 Fees and Charges SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Ordinance Ordinance Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� � � MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article D Industrial Pretreatment Program, Section 13-2D-10 Fees and Charges DATE: August 29, 2023 Water & Resource Recovery Center William O'Brien is recommending City Council amend the City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article D Industrial Pretreatment Program, Section 13- 2D-10. The City of Dubuque is making significant improvements to the industrial pretreatment program. Enhancements are essential for ensuring the responsible management of industrial wastewater and protecting the environment. These improvements follow EPA recommendations provided after an audit of the City's Industrial Pretreatment Program. To recover the increased FY24 pretreatment program administration costs (approximately $150,000), each significant industrial user will be assessed a monthly general pretreatment administration charge that includes a fixed charge (based on the number of significant industrial users), plus a monthly volumetric charge (based on total monthly discharge volume per significant industrial user). 20% of the additional administrative cost (approximately $30,000) will be recovered through a fixed monthly fee that is evenly divided among all significant industrial users. The remaining 80% of the additional administrative cost (approximately $120,000) would be recovered through a variable monthly fee that is assessed each wastewater discharge permit holder in the amount of$0.14 per 100 cubic feet of wastewater discharged into the POTW. The fee and charge structure development will be a continuous process and should be updated annually to accurately reflect program costs. The City will propose additional modifications to the Industrial Pretreatment Program Administrative Cost Recovery plan during the Fiscal Year 2025 budgeting process. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager William O'Brien, Water & Resource Recovery Manager Jenny Larson, Chief Financial Officer Randy Gehl, Public Information Officer 2 Dubuque THE CITY OF � All-pmerisa Ci$ DuB E tin�,��,i.���u.� 1II � ��r Maste 12Ce OYl ��le M1SB1SS1 1 zao��zoiz�zois �P pp zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: William J. O'Brien, W&RRC Manager RE: AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE D INDUSTRIAL PRETREATMENT PROGRAM, SECTION 13- 2D-10 FEES AND CHARGES DATE: August 16, 2023 INTRODUCTION: The purpose of this memorandum is to provide an ordinance for review and approval. This ordinance amends the City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sewage Disposal, Article D Industrial Pretreatment Program, Section 13-2D-10. DISCUSSION: The City of Dubuque is making significant improvements to the industrial pretreatment program. Enhancements are essential for ensuring the responsible management of industrial wastewater and protecting the environment. These improvements follow EPA recommendations provided after an audit of the City's Industrial Pretreatment Program. The additional expense of an Industrial Pretreatment Coordinator, consulting fees, and other program costs, will require an increase in pretreatment program fees, that will be assessed to all Industrial Users, subject to the City's Industrial Pretreatment Program, during the current Fiscal Year 2024. Several of the fees and charges, identified in the schedule of charges and fees in Section 13-2D-10B, have not been adjusted since the inception of the Industrial Pretreatment Program in 1983. Water & Resource Recovery Center staff examined industrial pretreatment administrative fee structures, from other cities with successful pretreatment programs, for guidance, while working to develop a fair, and equitable, FY24 cost recovery structure. I am proposing to recover the increased FY24 pretreatment program administration costs (approximately $150,000) by assessing each significant industrial user a monthly general pretreatment administration charge that includes a fixed charge (based on the number of significant industrial users), plus a monthly volumetric charge (based on total monthly discharge volume per significant industrial user). Service People Integrity Responsibility Innovation Teamwork 20% of the additional administrative cost (approximately $30,000) will be recovered through a fixed monthly fee that is evenly divided among all significant industrial users. The remaining 80% of the additional administrative cost (approximately $120,000) would be recovered through a variable monthly fee that is assessed each wastewater discharge permit holder in the amount of $0.14 per 100 cubic feet of wastewater discharged into the POTW. The total monthly administrative fee will be calculated as follows: Fixed Charge + Variable Charge = Total Monthly Administrative Charge • Fixed charge = ($30,000/12 months) /# of users/waste streams • Variable charge = Monthly discharge volume (in CCF) x $0.14 The following three examples demonstrate potential monthly administrative charges for industries discharging varying amounts of wastewater: Example 1: If 20 total SIUs, and industry discharges 20,000,000 gallons per month, then monthly fee would equal: _ (($30,000/12)/20) + ((20,000,000/748) x $0.14 _ $125 + $3,743.32 _ $3,868.32 total monthly fee Example 2: If 20 total SIUs, and industry discharges 5,000,000 gallons per month, then monthly fee would equal: _ (($30,000/12)/20) + ((5,000,000/748) x $0.14 _ $125 + $935.83 _ $1,060.83 total monthly fee Example 3: If 20 total SIUs, and industry discharges 200,000 gallons per month, then monthly fee would equal: _ (($30,000/12)/20) + ((200,000/748) x $0.14 _ $125 + $37.43 _ $162.43 total monthly fee The fee and charge structure development will be a continuous process and should be updated annually to accurately reflect program costs. The City will propose additional modifications to the Industrial Pretreatment Program Administrative Cost Recovery plan during the Fiscal Year 2025 budgeting process. We are working, with a consultant, to conduct a comprehensive Industrial Waste Survey (12-18 months in duration). The survey is intended to gain a thorough understanding of all industrial users contributing wastewater to the POTW. The identification of additional Significant Industrial Users will allow for distribution of program costs over a larger number of users. Service People Integrity Responsibility Innovation Teamwork RECOMMENDATION: I recommend approval, of the proposed ordinance amendment, and submittal to the City Council for approval at their September 5, 2023 City Council Meeting. Cc: Crenna Brumwell, City Attorney Jennifer Larson, Director of Finance & Budget Adrienne Breitfelder, City Clerk Randy Gehl, Public Information Officer Attachments: Amendment to City Ordinance Service People Integrity Responsibility Innovation Teamwork Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 38 - 23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE D INDUSTRIAL PRETREATMENT PROGRAM, SECTION 13-2D-10 FEES AND CHARGES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2D-10 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-2D-10: RATES AND CHARGES: A. Purpose: It is the purpose of this section to provide for the collection of rates and charges to produce gross revenues at least sufficient to pay the expenses of operation and maintenance of the City's sanitary sewer system and POTW. The applicable rates and charges shall be collected as provided in the Schedule of Rates and Charges established in this section. B. Description of Rates and Charges: 1 . Types of Rates and Charges: The city shall adopt rates and charges for the administration of this program which may include: a. Rates or other charges for the recovery of costs of setting up and operating the industrial pretreatment program. b. Rates or other charges for monitoring, inspections, and surveillance procedures. c. Rates or other charges relating to accidental discharge procedures. Note that certain discharges may constitute environmental violations and be subject to municipal infractions in addition to rates and charges for the recovery of costs. d. Rates or other charges for permit applications and renewals. e. Rates or other charges for filing appeals. f. Rates or other charges for the consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards. g. Other rates or charges adopted from time to time as the city may deem necessary to carry out the requirements contained herein. These rates and charges relate solely to the matters covered by this article and are separate from all other fees chargeable by the city. 2. Rate Schedule: On or after September 13, 2023, the rates and charges assessed to each Significant Industrial User of the system shall include all of the following: a. A general service charge with the following two components: 1. A fixed cost facilities and administration charge in the amount of: $125.00/month; and; 2. A volumetric charge in the amount of $0.14/Ccf of flow discharged into the POTW. b. A surveillance monitoring and sample charge in the amount of three dollars ($3.00) for each sample collected. c. A laboratory testing charge in an amount equal to actual expenses incurred for each parameter tested in-house; and actual expenses incurred plus ten percent (10%) for each parameter tested by outside laboratories. d. A compliance charge for investigating incidents of program noncompliance or accidental spills in an amount equal to the amount of time actually expended multiplied by fifty dollars ($50.00) per hour. e. A wastewater discharge permit application fee in the amount of one hundred dollars ($100.00) for each wastewater discharge permit. f. A wastewater discharge permit renewal charge in the amount of fifty dollars ($50.00) per permit. A late fee of one hundred dollars ($100.00) per month shall be assessed for each month past the due date of permit renewal. g. An appeal filing fee of two hundred fifty dollars ($250.00) shall be assessed at the time of appeal. h. Any person who discharges toxic substances or effluent into the POTW which exceed discharge limitations shall be assessed a charge equal to the amount of any fine, fee or penalty imposed upon the city by any federal or state agency plus any applicable municipal infractions. established in an agreement negotiated between the city and the wastewater discharge permit applicant. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 21st day of August, 2023. Brac Cavana r Attest: _69--P)OL-,--' Trish L. Gleason, Assistant City Clerk EFFECT OF AMENDMENT 13-2D-10: RATES AND CHARGES: A. Purpose: It is the purpose of this section to provide for the collection of rates and charges to produce gross revenues at least sufficient to pay the expenses of operation and maintenance of the City's sanitary sewer system and POTW. The applicable rates and charges shall be collected as provided in the Schedule of Rates and Charges established in this section. B. Description of Rates and Charges: 1. Types of Rates and Charges: The city shall adopt rates and charges for the administration of this program which may include: a. Rates or other charges for the recovery of costs of setting up and operating the industrial pretreatment program. b. Rates or other charges for monitoring, inspections and surveillance procedures. c. Rates or other charges relating to accidental discharge procedures. Note that certain discharges may constitute environmental violations and be subject to municipal infractions in addition to rates and charges for the recovery of costs. d. Rates or other charges for permit applications and renewals. e. Rates or other charges for filing appeals. f. Rates or other charges for the consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards. g. Other rates or charges adopted from time to time as the city may deem necessary to carry out the requirements contained herein. These rates and charges relate solely to the matters covered by this article and are separate from all other fees chargeable by the city. 2. Rate Schedule On or after September 13, 2023, the rates and charges assessed to each Significant Industrial User of the system shall include all of the following: a. A general service charge with the following two components: 1. A fixed cost facilities and administration charge in the amount of: $125.00/month; and; 2. A volumetric charge in the amount of$0.14/Ccf of flow discharged into the POTW. b. A surveillance monitoring and sample charge in the amount of three dollars ($3.00) for each sample collected. c. A laboratory testing charge in an amount equal to actual expenses incurred for each parameter tested in-house; and actual expenses incurred plus ten percent (10%) for each parameter tested by outside laboratories. d. A compliance charge for investigating incidents of program noncompliance or accidental spills in an amount equal to the amount of time actually expended multiplied by fifty dollars ($50.00)per hour. e. A wastewater discharge permit application fee in the amount of one hundred dollars ($100.00) for each wastewater discharge permit. f. A wastewater discharge permit renewal charge in the amount of fifty dollars ($50.00) per permit. A late fee of one hundred dollars ($100.00) per month shall be assessed for each month past the due date of permit renewal. g. An appeal filing fee of two hundred fifty dollars ($250.00) shall be assessed at the time of appeal. h. Any person who discharges toxic substances or effluent into the POTW which exceed discharge limitations shall be assessed a charge equal to the amount of any fine, fee or penalty imposed upon the city by any federal or state agency plus any applicable municipal infractions. i. A special treatment charge for the consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards as established in an agreement negotiated between the city and the wastewater discharge permit applicant. hg. Any person who discharges toxic substances or effluent into the POTW which exceed discharge limitations shall pay the city a fee be assessed a charge equal to the amount of any fine, fee or penalty imposed upon the city by any federal or state agency plus any applicable municipal infractions. ih. Fees A special treatment charge for the consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards shall_be ascoccod by ona1 treatment contracts as established in an agreement negotiated between the city and the wastewater discharge permit applicant. STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 09/27/2023 and for which the charge is 58.37 Su scribed to before me,`a Notary Public in and for Dubuque County, Iowa, this 27th day of September, 2023 i< c in and for Dubuque County, Iowa. ¢+nc JANET K. PAPE o a0. ; Commission Number 199659 My Commission Expires 12/11/2025 loWp Ad text : OFFICIAL PUBLICATION ORDINANCE NO, 38 - 23 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE D INDUSTRIAL PRETREATMENT PROGRAM, SECTION 13-2D-10 FEES AND CHARGES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2D-10 of the. City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-2D-10: RATES AND CHARGES: A, Purpose: It is the purpose of this section to provide for the collection of rates and charges to produce gross revenues at least sufficient to pay the expenses of operation and maintenance of the Citys sanitary sewer system and POTW, The applicable rates and charges shall be collected as provided in the Schedule of Rates and Charges established in this section. B. Description of Rates and Charges: 1, Types of Rates and Charges: The city shall adopt rates and charges for the administration of this program which may include: a. Rates or other charges for the recovery of costs of setting up and operating the industrial pretreatment program. b. Rates or other charges for monitoring, inspections, and surveillance procedures. c. Rates or other charges relating to accidental discharge procedures. Note that certain discharges may constitute environmental violations and be subject to municipal infractions in addition to rates and charges for the recovery of costs. d. Rates or other charges for permit applications and renewals. e. Rates or other charges for filing appeals. f. Rates or other charges for the consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards. g. Other rates or charges adopted from time to time as the city may deem necessary to carry out the requirements contained herein. These rates and charges relate solely to the matters covered by this article and are separate from all other fees chargeable by the city. 2. Rate Schedule: On or after September 13, 2023, the rates and charges assessed to each Significant Industrial User of the system shall include all of the following: a. A general service charge with the following two components: 1. A fixed cost facilities and administration charge in the amount of: $125.00/month; and 2. A volumetric charge in the amount of $0,14/Ccf of flow discharged into the POTW. b, A surveillance monitoring and sample charge in the amount of three dollars ($3,00) for each sample collected. c. A laboratory testing charge in an amount equal to actual expenses incurred for each parameter tested in-house; and actual expenses incurred plus ten percent (10 %) for each parameter tested by outside laboratories. d. A compliance charge for investigating incidents of program noncompliance or accidental spills in an amount equal to the amount of time actually expended multiplied by fifty dollars ($50.00) per hour. e. A wastewater discharge permit application fee in the amount of one hundred dollars ($100.00) for each wastewater discharge permit. f. A wastewater discharge permit renewal charge in the amount of fifty dollars ($50.00) per permit. A late fee of one hundred dollars ($100.00) per month shall be assessed for each month past the due date of permit renewal. g. An appeal filing fee of two hundred fifty dollars ($250.00) shall be assessed at the time of appeal. h. Any person who discharges toxic substances or effluent into the POTW which exceed discharge limitations shall be assessed a charge equal to the amount of any fine, fee or penalty imposed upon the city by any federal or state agency plus any applicable municipal infractions. i. A special treatment charge for the consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards as established in an agreement negotiated between the city and the wastewater discharge permit applicant. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 21st day of August, 2023. /s/Brad Cavanagh, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 27th day of September, 2023. /s/Trish L. Gleason, Assistant City Clerk it 9/27