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ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE IN ADDITION
TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE BY AN INDUSTRIAL
USER AND ESTABLISHING AN INDUSTRIAL USER 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.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1007.01 Recitals.
The Metropolitan Waste Control Commission, a metropolitan commission organized
and existing under the laws of the State of Minnesota, hereinafter referred to as the
"Commission ", in order to receive and retain grants in compliance with the Federal
Water Pollution Control Act Amendments of 1972 and regulations thereunder,
hereinafter referred to as the "Act ", has determined to impose an industrial user
sewer strength charge upon users of the Metropolitan Disposal System as defined in
Minnesota Statutes, §473.121, Subdivision 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 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,
§444.075, Subdivision 3, empowers the City to make such sewer charge a 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.
1007.02 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 established, in addition to the sewer charge based upon the
volume of discharge, a sewer charge upon each person, company, or corporation
receiving waste treatment services within or served by the City, based upon strength
of industrial waste discharged into the sewer system of the City, hereinafter referred
to as the "Strength Charge."
1007.03 Establishment of Strength Charge Formula.
For the purpose of computation of the Strength Charge established by Section
1007.02 hereof, there is hereby established, approved, and adopted in compliance
with the Act the same Strength Charge formula designated in Resolution No. 76 -172
adopted by the governing body of the Commission on June 15, 1976, 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.
1007.04 Strength Charge Pavment.
It is hereby approved, adopted and established that the Strength Charge established
by Section 1007.02 hereof, shall be paid by each industrial user receiving waste
treatment services and subject thereto before the twentieth (20th) day next
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 if not so paid to the billing
entity before such 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.
1007.05 Establishment of Tax Lien.
As provided by Minnesota Statutes, §444.075, Subdivision 3, it is hereby approved,
adopted, and established that if payment of the Strength Charge established by
Section 1007.02 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 1007.04 hereof, shall be deemed to be a charge against the owner, lessee and
occupant of the property served, and the City or its agent shall certify such unpaid
delinquent balance to the county auditor with taxes against the property served for
collection as other taxes are collected; provided, however, that such certification
shall not preclude the City or its agent from recovery of such delinquent sewer
strength charge and interest thereon under any other available remedy.
1007.06 Severabilitv.
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 provision hereof.
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