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CRANE LAKE WATER AND SANITARY DISTRICT

ORDINANCE NO. 3

ORDINANCE ESTABLISHING RATES AND CHARGES FOR THE CRANE LAKE WATER AND SANITARY DISTRICT

 

The Board of Managers (the “Board”) of the Crane Lake Water and Sanitary District (the “District”) ordains as follows:

 

Section 1.  Findings.

 

1.01     There are continuing and persistent issues of water quality in the Crane Lake area watershed which need to be addressed through the provision of adequate public systems for the collection and treatment of wastewater.

 

1.02     The District was created for the purpose of promoting the public health and welfare by providing an adequate and efficient system and means of collecting, conveying, pumping, treating and disposing of domestic sewage and garbage and industrial wastes within the District and there is need throughout the territory of the District for the accomplishment of these purposes.

 

Section 2.  Recitals.

 

2.01     The Board has adopted its Ordinance No. 1 creating a sewer utility (the “Utility”); regulating the use of public and private sewers; establishing methods for a sewer service charge system and a septage service charge system; and providing penalties for violations of the regulations therein defined.

 

2.02     The Board intends in this ordinance to set forth the actual rates and charges for the use and availability of the Utility, among other services.

 

2.03     Capitalized terms not otherwise defined in this ordinance have the meanings given in Ordinance No. 1 of the District.

 

Section 3.  Equivalent Domestic Unit.  The Board assigns EDUs on types of Users within classes of Users.  A minimum of one (1) EDU per grinder station will be assigned for all Users.

 

Section 4.  Residential Equivalent Domestic Unit.  The following table provides the EDU assignments on Residential Users:

 

Residential Users

EDU Value

     Single-Family Residence (“SFR”)

1

 

 

Section 5.     Residential EDU Combined with Non-residential EDU.  The following table provides the EDU assignments on all classes of Residential use combined with Non-residential use:

 

 

Residential Use Combined with Non-residential Use

EDU Value

SFR with cabin and kitchen (1 cabin = 0.5 EDU)

1.50

SFR with apartment (1 apartment = 0.5 EDU)

1.50

SFR with sauna (1 sauna = 0.0 EDU)

1.00

SFR with garage (1 garage = 0.00 EDU)

1.00

SFR with commercial accessory building

(1 commercial accessory building = 1.0 EDU)

2.00

 

Section 6.  Commercial Equivalent Domestic Unit.  The following table provides the EDU assignments on all classes of Commercial Users:

 

 

Commercial Users

EDU Value

     Motel Room

0.50

     Cabin with Kitchen

0.50

     Houseboat (Blackwater Only)

0.08

     Restaurant / Bar

0.12

     RV – Campsite

0.48

     RV – Dump Station

0.28

     Garage / Storage Building and bathroom

0.40

     Commercial Pool

1.00

     Church

1.00

     Fire Hall

1.00

     Post Office

1.00

     Bait Shop

1.00

     Vacant Lot

0.00

     Garage/Storage Building/Boathouse w/o water

0.00

 

 

Section  7.  Rights Reserved.  The Board reserves the right to adjust the EDU assignments contained in this ordinance at any time by an amendment to this ordinance.  The Board further reserves the right to create new classes of Users at any time at the recommendation of the District’s Engineer and to impose User Charges on such Users by resolution, pending an amendment to this ordinance.

 

Section 8.  Monthly User Charges.

 

8.01     User Charge.  The District’s monthly User Charge will be composed of the following:

 

A.        Base Charge.  A base charge of $56.00 per month per EDU is payable by each User.  Base charges are payable year round by all customers and shall never be less than $56.00 per month for any customer.

 

B.         Volume Charge.  A charge of $12.52 per thousand gallons of metered wastewater payable by Users.

 

C.        Excess Volume Charge.  A charge of $20.07 per thousand gallons of metered wastewater that exceeds 7,500 gallons per month multiplied by the User’s EDU assignment.

 

D.        Extra Strength Charge:  The Extra Strength Charge will be payable by Users as follows:

 

(i)         Users with Loads in excess of 250 mg/L of BOD shall be subject to an Extra Strength Charge of $0.25 per pound of BOD.

 

(ii)        Users with Loads in excess of 250 mg/L of TSS shall be subject to an Extra Strength Charge of $0.40 per pound of TSS.

 

Section 9.  Sewer Access Charge or Sewer Access Charge.

 

9.01     Rights Reserved.  The Board reserves the right to adjust the Sewer Access Charge contained in this ordinance at any time and to impose such Sewer Access Charge on Users by resolution, pending an amendment to this ordinance.

 

9.02     New User.  The Sewer Access Charge addresses the capital cost of that portion of the capacity of the Wastewater Treatment Facilities necessary to accommodate the anticipated Flow and Load from a new User.  User class and EDU assignments for new Users will be determined by the Board in accordance with the definitions provided in Ordinance No. 1.  The Sewer Access Charges for each class of User are as follows and will include an annual 3% escalator, rounded up to the next whole dollar, beginning in calendar year 2010:

 

Customer Class

Sewer Access Charge [1] [2]

Single Family Residential

(per EDU)

 

$15,171.00

Single Family Residential combined with Non-residential Use

(per EDU)

 

$15,171.00

Commercial Users

(per EDU)

$15,171.00

 

 

[1]   –   Plus the actual installed cost of the grinder pump station, service lateral, and related costs, including but not limited to construction, engineering, legal and inspection costs.  Estimated fees are payable prior to installing the grinder pump station and service lateral with adjustments made on the first payment of Sewer Service Charges. Commercial Users expected to exhibit wastewater Load in excess of NDSW will be subject to additional fees to be determined by the District on a case by case basis.

 

[2]   –   Based on the cost of system capacity expressed on a per EDU basis.  The cost of system capacity is based on construction, engineering, and planning for the District’s system which serves the western service area.  Expected Wastewater in excess of NDSW Loads shall be determined on a case by case basis.

 

Section 10.  New Use: EDU Modification; Sewer Access Charge

 

10.01   New Use.  If a Residential User modifies the use of residential property within the District through the restoration, construction or improvement of an outbuilding so as to increase the Flow and/or Load on the Utility (the “New Use”), the Board shall assign additional EDUs, or fractions of an EDU, to the property in accordance with this Ordinance.

 

10.02   New Use Reporting.  A Residential User must report a New Use to the Board, the District’s Engineer, or the District’s Superintendent immediately.  If the Board, the District’s Engineer, or the District’s Superintendent becomes aware of a New Use by a Residential User, the Board shall provide a written notice to the Residential User containing a determination of any additional EDUs allocable to the specified property.  The revised EDU determination shall become effective on the specified property on the date specified in the notice.  If an affected Residential User does not agree with the Board’s determination, the Residential User may appear before the Board at the regular Board meeting following receipt of the notice described in this section and provide testimony on the Board’s determination.

 

10.03   Modification Not Exceeding Current Grinder Capacity.  A User shall be charged as follows in the event of  a New Use which results in an overall EDU value that does not exceed the existing capacity of the installed grinder pump serving such New Use:

 

A.        Residential Users.  A Residential User shall be charged an additional Base Charge for each additional EDU.  Payment of a Sewer Access Charge shall not be required.  The User shall pay the actual cost of any service lateral and all other costs related to the increased use as described above as Section 9.02 [1] and [2].

 

B.         Commercial Users.  A Commercial User shall be charged an additional Base Charge and a Sewer Access Charge for each additional EDU.  The User shall pay the actual cost of any service lateral or any other cost related to the increased use as described above at Section 9.02 [1] and [2].

 

10.04   Modification Exceeding Existing Grinder Capacity.  A User shall be charged as follows in the event of  a New Use which results in an overall EDU value that exceeds the capacity of the existing grinder pump(s):

 

A.        Residential Users.  A Residential User shall be charged an additional Base Charge for each additional EDU.  A Sewer Access Charge as shown above shall be due.  The User shall pay the actual cost of the new grinder pump station, service lateral and related costs as described in Section 9.02 [1] and [2].

 

B.         Commercial User.  A Commercial User shall be charged an additional Base Charge for each additional EDU.  A Sewer Access Charge as shown above shall be due.  The User shall pay the actual cost of the new grinder pump station, service lateral and related costs as described in Section 9.02 [1] and [2].

 

Section 11.  Other Fees.

 

11.01   License Fee.  The license fee is a one time fee payable upon application by a qualified contractor to install grinder pump stations, service laterals, or other components of the Wastewater Treatment Facilities.  Such fee is $250.00.

 

11.02   Permit Fee.  The permit fee is a fee payable upon application for connection to the Wastewater Treatment Facilities.  Such fee is $350.00.

 

11.03   I & I Inspection Fee.  The I/I inspection fee is a fee payable upon completion of the I/I inspection required of each property owner prior to connection to the Wastewater Treatment Facilities.  Such fee is $100.00.

 

11.04   Late Payment Fee.  Any payment required by this ordinance or Ordinance No. 1 which is made more than 30 days after the date due may, at the discretion of the Board, be subject to a late payment fee of not to exceed 6.00% per annum.

 

Adopted by the Board of Managers of the Crane Lake Water and Sanitary District, Saint Louis County, Minnesota, on the 1st day of December, 2004, and amended on June 21, 2006, January2, 2008  and _August 17_______________, 2009.

 

___________________________________

Chair

ATTEST:

 

____________________________________

Secretary

 

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9/29/2009 8:39 AM

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