Ordinance Number 188

Sewer uses Charge system. 

An ordinance establishing the procedure for determining equitable sewer service charges to be levied on all users who discharge wastewater to or are connected to the wastewater system operated by the Town of Deer Trail. 

Be it ordained by the Board of Trustees of the Town of Deer Trail 

1. Purpose
   The purpose of this ordinance shall be to generate sufficient revenue to pay all costs for the operation, maintenance and debt retirement of the complete wastewater system. The costs shall be distributed to all users of the system in proportion to each user's contribution to the total loading of the treatment works. Factors such as strength - Biochemical Oxygen Demand (BOD), volume and delivery flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure a proportional distribution of operation and maintenance costs to each user (or user class).
2. Determining the total annual cost of operation and maintenance.
   The Town of Deer Trail, or its Engineer, shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests and a reasonable contingency fund.
3. Determining annual debt service. 
   The Town of Deer Trail, or its Engineer, shall determine the total annual debt service associated with the wastewater system. The total cost of debt service shall include principal, interest and any associated service fees.
4. Determining each user wastewater contribution percentage 
   The Town of Deer Trail, or its Engineer, shall determine for each user or user class the average daily volume of wastewater discharged to the wastewater system, which shall then be divided by the average daily volume of all wastewaters discharged to the wastewater system to determine such user's Volume Contribution Percentage. The amount used as the total average daily volume of wastewater shall exclude infiltration and inflow. The Town of Deer Trail, or its Engineer, shall determine for each user or user class the average daily poundage of 5-day 20-degree Centigrade Biochemical Oxygen Demand (BOD 5) discharged to the wastewater system which shall then-be divided by the average daily poundage of all 5-day BOD discharged to the wastewater system to determine such user's BOD Contribution Percentage.
   
   The Volume Contribution Percentage and BOD Contribution Percentage for each user or user class shall be multiplied by the annual operation and maintenance costs for wastewater treatment of the total volume flow and total 5-day 20-degree Centigrade BOD respectively.
5. Determining a surcharge system for users with excess BOD. 
   The Town of Deer Trail, or its Engineer, will assess a surcharge rate for all non-residential users discharging wastes with BOD strengths greater than the average residential user. Such users will be assessed a surcharge sufficient to cover the cost of treating their above-normal strength wastes. Normal strength wastes are considered to be 242 mg/1 BOD 5. The surcharge rate structure for such above-normal strength waste dischargers is attached (see Appendix A of this ordinance).
6. Assessment of an availability to serve fee for nonactive connected users.
   For each residential or non-residential user connected to the wastewater system who has requested deactivation of their water and sewer billing due to lack of activity, the Board of Trustees may establish an availability to serve fee. The basis of the availability to serve fee shall be the equivalent monthly revenue required for an equivalent residential unit time the number of equivalent residential units on the tap in question. The revenues raised from the assessment of the availability to serve fee may be used for debt retirement only. The determination of the availability to serve fee is attached (see Appendix D of this ordinance). The availability to serve fee may be assessed on a monthly basis for the duration of time over which the inactive service is connected to the system. The availability to serve fee will be discontinued when; her services connection is physically disconnected from the system; full service is re-initiated; or the Board of Trustees determines to terminate the assessment.
7. Determining each wastewater service charge
   Each non-residential user's cost for its discharge to the wastewater system, as determined in Sections 4 and 5, shall be added together to determine such user's annual wastewater service charge. Residential users may be considered to be one class of user and an equitable service charge may be determined for each user based on an estimate of the total wastewater contribution of this class of user. The governing body may classify industrial, commercial and other non-residential establishments as a residential user, provided that the wastes form these establishments are equivalent to the wastes from the average residential user with respect to volume and BOD. Each user's wastewater treatment cost contribution will be assessed in accordance with the attached rate schedule (see Appendix B of this ordinance). The rate to be charged for use of the sewer system by properties outside the existing town limits shall be the same as for properties within the town limits.
8. Wastewater Facilities Replacement Fund
   A reserve fund called the Wastewater Facilities Replacement Fund is hereby established within the wastewater utility fund for the purpose of providing sufficient funds to be expended for obtaining and installing equipment, accessories and appurtenances during the useful life of the wastewater treatment facilities necessary to maintain the capacity and performance for which such facilities are designed and constructed (see for Appendix C of this ordinance).
9. Payment of the Users Wastewater Service Charge and Penalties.
   The Town of Deer Trail shall submit an annual statement to the user for the user's annual wastewater service charge or one-twelfth of the user's annual wastewater service charge may be included with the monthly water and/or wastewater utility billing. The Town of Deer Trail shall use a billing cycle from the 15th day of the month through to the 15th day of the following month (e.g., 15 January 1996 to 15 February 1996) for assessing water and sewer charges, which are due payable by the customer within 30 days after the bill for any particular billing cycle has been mailed by the Town of Deer Trail. If no payment has been received by the end of the 30-day period, the customer will receive a past-due statement, which includes the outstanding water and sewer charges and the bill for currently due billing cycle charges. The Town of Deer Trail may stop the wastewater service to the property if the past-due charges are not paid in full by the customer 15 days after the Town Of Deer Trail mails the past-due statement, and a penalty of Five Dollars ($5) for sewer charges plus a $3 mailing charge for sending notice of shut-off of sewer service due to non-payment shall be assessed on past-due bills. The notice shall be mailed to the address of the customer concerned as shown on the Town records, stating the reason for the termination of service, the date upon which service may be terminated unless the charges are paid, or the specified violation is corrected. The shut-off date shall be at least fifteen. (15) days after the deposit in the mail of the letter giving notice of termination. This penalty may be waived if the user makes prior arrangements for payments during vacation or other periods when customer is absent for a good cause. All sewer use charges shall constitute a lien upon any lots, land, buildings, or premises served and in the event said charges shall not be paid when due, the Board of Trustees may certify the charge or charges to the County Treasurer of Arapahoe County, Colorado to be placed upon the Tax List to Ibe collected in the manner as other taxes are collected with ten (10) percent added thereto to defray the cost of collection. All laws of the State of Colorado for the Assessment in Collection of general collection including the laws for the Sale of Property for Taxes and redemption of the same shall apply.
10. Review of each users Wastewater service charge or availability of Service Charge
    The Town of Deer Trail shall review the total annual cost of operation, maintenance and debt retirement as well as each user's Wastewater Contribution Percentage not less often than every two years and will revise the system as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate, maintain and retire the debt associated with the wastewater treatment works. If a significant user, such as an industry, has completed in-plant modifications which would change that user's Wastewater Contribution Percentage, the user can present, at a regularly scheduled meeting of the governing body, such factual information and the Town of Deer Trail shall then determine if the user's Wastewater Contribution Percentage is to be changed. The Town of Deer Trail shall notify the user of is findings as soon as practical.
11. Notification
    Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services and debt retirement.
12. Wastes Prohibited from being discharged to the wastewater treatment system
    The discharge of any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly, or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the water receiving any discharge from the treatment works is hereby prohibited. Each user who discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge of the Town of Deer Trail wastewater treatment facility shall pay for such increased costs. The Town of Deer Trail's "Regulation of Sewer Use" Ordinance contains additional requirements covering the use of the Town's public sewers. 
13. Prohibition of Clear Water Connection
    No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
14. Proper Design and Construction of new sewers and connections
    The size, slope, alignment, materials of construction of all sanitary sewers and sewer connections and the methods to be used in excavating, placing of the pipe, jointing, testing and back filling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town of Deer Trail and the State of Colorado. In the absence of code provision or in amplification thereof, the material and procedures set forth in appropriate specifications of the latest edition of the A.S.T.M. and Water Environment Federation (formerly the Water Pollution Control Federation) Manual of Practice No. 9 shall apply. 
    
    (The Town of Deer Trail's "Regulation of Sewer Use" Ordinance contains additional requirements covering the proper design and construction of the Town's sanitary sewers, building sewers and connections.)
15. Validity
    All ordinances or parts of ordinances in conflict herewith are hereby repealed where they pertain to wastewater service. Reference ordinances include but are not limited to the Town of Deer Trail ordinance No.'s 41, 106, 125, 134, 148, 161, 165, 175, 179, 184 and 186. Certain elements of said ordinances have been carried forward to this ordinance. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.
16. Ordinance in Force
    Sec. 1. Introduced and held first reading on 6 February 1996.
    Sec. 2. Held second reading, approved, and passed on 20 February 1996.
    Sec. 3. This ordinance shall be in full force and effect from and after its approval, passage, recording and publication as provided by law.
    Publication: 29 February 1996.
    Adopted this Twentieth Day of February 1996.

Timothy J. Lewis, Mayor
Attest: Kerry L Michelle, Town Clerk

Appendix A

Surcharge Rate Schedule for above normal strength wastes.

The Town of Deer Trail, or its Engineer, has determined that the average 5-day biochemical oxygen demand (BOD) daily loadings for the average residential user are 242 mg/l. The Town of Deer Trail, or its Engineer, has assessed a surcharge rate for all non-residential users discharging wastes with BOD strengths greater than the average residential user. The surcharge will be sufficient to cover the costs of treating such users' above normal strength wastes. Such users will pay an additional service charge of 13.0 cents per 1,000 gallons for each 25 mg/1 over 300 mg/1 of BOD. 

Appendix B

Rate Schedule 

Residential users are considered to be one class of user and are assessed a charge of $15:50 per month. Non- residential users with flows no greater than the average residential user's flow of 6265 gallons per month and with BOD no greater than the average residential user's strength of 242 mg/1 BOD will pay the same charge of $15.50 per month as the average residential user.

Non-residential users with volumes greater than the average residential user will pay a monthly charge as set forth in the following attachment "Appendix D User Charge System Calculation for Sanitary Sewage System" 

Any non-residential user with BOD greater than the average residential user's strength of 242 mg/1 will pay a surcharge in accordance with the rates shown in the surcharge rate schedule.

Appendix C

Wastewater Treatment Facilities Replacement Fund Schedule

The reserve fund called the Wastewater Treatment Facilities Replacement Fund established within the wastewater utility fund as an interest-bearing account shall be funded by an annual deposit obtained from the wastewater utility fund at the end of each fiscal year as budgeted and appropriated annually by the Town Board of Trustees.

Appendix D

Town of Deer Trail 

User charge system calculation for sanitary sewage system

A. Estimated Annual Costs for Sewer Enterprise Fund

1. Maintenance: $10,625
2. Operations Costs from the General Government category: $13,200
3. Sewer debt service: $19,262
4. Projected annual CDPS fee 4: $450
5. Discharge monitor testing: $1,500
   Total: $45,037

• This amount has been taken from the 1995 budget. It represents the amount allocated for sewer system maintenance.
• Operational costs are those that have been allocated to the sewer fund from the general government category. These items have been allocated on the basis of 40% of the general costs being attributed to the sewer fond.
• Debt service is based upon semi-annual principal and interest payments of $6,403 and $3,228 for improvements to the wastewater treatment facility and acquisition of a road grader respectively. The improvement debt carries a ten (10) year amortization schedule and the grader a six (6) year amortization.
• This cost has been included to take into account CDPS annual permit fees.
• Allowance for monthly water quality monitoring at the wastewater treatment facility.

B. Estimated Residential Flows

The Town of Deer Trail has no historic records of wastewater flows. Residential flows are based on potable water used records and limited influent flow monitoring as presented in the Site Approval Application undertaken by GMS, Inc. November 1994. Density per residence was calculated by dividing the 1990 population connected (96.5%) by the number of residential connections.
Flow Rate: 90 gpcd
People per residence: 2.29
Flow per residence: 206 gpd.
Residential Equivalent, 1R: 206 gpd

C. Estimated Flow from Other Users

A review was conducted of the Town's potable water meter readings for various commercial users throughout the community. In addition, the engineer used available resources for typical contributing flows together with his experience to generate equivalent residential factors for each commercial activity in question. The following list recaps the commercial accounts in town and how they are currently billed.

Reviews of water meter reading records have validated the majority of the equivalent residential charges assessed to the 20 commercial users. In the event the wastewater generation was less than 1 equivalent residential unit, a minimum of 1 equivalent residential unit was maintained as the basis of the charge to provide for a minimum assessment. Such is necessary for the equitable distribution of the fixed costs associated with operating the sewer enterprise fund. The following table lists those users on which a change in the equivalent residential assessment is recommended. The recommended units are based upon historical water consumption and projected wastewater generation from the users in question.

The above modifications are made on the basis of an equivalent residential unit contributing 206 gallons per day to the wastewater system. The equivalent basis of charges against these commercial users assumes sewage strength is comparable to that of residential contributions and makes the final determination based upon volume. The only exception to solely the volume basis is that of the Deer Trail Cafe. On the basis of volume alone, the equivalent would be 1.2 residential units. Taking into account the higher strength sewage discharged from a cafe as the result of the nature of the food preparation undertaken, the equivalent residential unit has been recommended at 1.5.

D. Determination of Residential Equivalents to be Used for Billing Purposes

E. Rate Schedule

Estimated Annual Costs: $45,037.00
Estimated Monthly Costs: $3,753.08
Monthly Residential Equivalent Cost: $15.07

Set Monthly Residential Equivalent Rate at $15.50. This will provide for a contingency amount that can be budgeted into a reserve account if desired. The rates may be re-evaluated for a downward adjustment after the debt service is retired. Debt service represents $6.45 per equivalent residential unit per month. The $15.50 should be set as a minimum monthly rate. The assessment of the full monthly charge should cease only in the event water service is discontinued. A stand-by charge of $6.45 per month per equivalent residential unit is recommended to cover debt repayment for all connected users in an inactive status.

Maximum annual revenues $3,859.50 x 12 months = $46,314.00 If a user remains connected to the system but elects to go to an inactive status, a charge of $6.45/month as an availability to serve fee is recommended to be made to cover debt service.

F. Determine BOD surcharge rates for above normal strength waste Residential Equivalent monthly flow: 

Resident equivalent monthly flow: 6265 gal/mo.                 
Proposed Residential Equivalent Rate: $15.50
Treatment cost per Residential Equivalent, R: $2.47 /1000 gal

Estimated allocation of costs as a percentage of treatment
Flow: 50%
BOD: 50%

Average wastewater strength based on limited historic data.
BOD: 242 mg/1, or 2.02 lbs./1000 gal

Treatment cost breakdown
Flow: $1.24 /1000 gal
BOD: $1.23 /1000 gal
BOD: $0.13 per 25 mg/1BOD per 1000 gal

Set surcharge for BOD greater than 300 mg/1 to allow for variances in average residential strengths.
BOD Surcharge Rate: $0.13 per 1000 gal per 25 mg/BOD over 300 mg/I

Appendix E

Availability to serve fee.

The Town of Deer Trail, or its Engineer, has determined that the assessment of an availability to serve fee shall be made to any connected user on the system who is in an inactive status. The basis of the availability to serve fee shall be determined based upon the equivalent residential unit capacity required by the service connection in conjunction with the equivalent residential unit cost for debt retirement. The determination has been made that the average monthly availability to serve fee, based upon debt requirement considerations, is $6.45 per month per single faintly residential equivalent.