Memphis Code of Ordinances § 13-28-1 Established—Basis for determination.
Sec. 13-28-1. - Established—Basis for determination.
A. Requirements generally. In accordance with Public Law 92-500 and Title 40, Chapter 1, Subchapter B, Part 35, Subpart E, Section 35.925-11, which requires the city to implement a wastewater treatment user's charge, each user will pay its proportionate share of the cost for operation and maintenance of the total treatment works. Direct and incidental costs to the city, including, but not limited to, administrative, technical and legal expenses, shall be considered a part of the cost of operations and maintenance of the total treatment works. There shall be two types of charges: The first type of charge is volumetric charge; the second is a charge for treating wastewater, which has an excessive strength.
B. Sewer service charge. The sewer service charge shall be made up of two types of charges.
1. Volumetric charge. All customers will be charged a volumetric charge based on the equivalent strength of domestic sewage BOD5 of 250 milligrams per liter, SS of 300 milligrams per liter, and COD of 800 milligrams per liter. Since seven and forty-eight one hundredths (7.48) gallons equal one cubic foot, 1,000 gallons equals 133.689 cubic feet (cf) or 1,000 gallons equals 1.33689 hundred cubic feet (cf). The volumetric charge per 1,000 gallons shall be based on annual debt service, capital costs, treatment and operations and maintenance costs, and all other charges assigned to the sewer fund.
All customers shall be charged a volumetric charge in accordance with the following fee schedule until changed by amendment to this section. The volumetric charge shall be assessed against the name in which a meter has been installed.
Beginning January 1, 2020, the volumetric charge will be $3.32 per 1,000 gallons of flow. A residential maximum volume fee of $75.00 and a minimum of $8.65 per month per individual dwelling unit is herewith established.
Notwithstanding the foregoing, in the case of multifamily dwellings, a portion of the volumetric charge may be recovered through a monthly flat rate per customer charge. The charge, as determined by the director of public works, shall not exceed the amounts set forth in the fee schedule below. Amounts collected through any monthly flat rate charge shall be credited in accordance with section 13-28-56.
Beginning January 1, 2020 | $12.95 per month
All citizens who qualify for the solid waste fee discount program as delineated in section 9-56-12, City of Memphis, Code of Ordinances shall be charged a reduced fee for wastewater use in accordance with the following fee schedule, until changed by amendment to this section:
Beginning January 1, 2020 | $2.43 per 1,000 gallons
2. Additional treatment charge. In addition to the volumetric charge, all users who discharge wastewater with a strength greater than domestic sewage which shall include, but not be limited to, BOD of 250 milligrams per liter, SS of 300 milligrams per liter, and COD of 800 milligrams per liter will be assessed an additional treatment charge (ATC) based on the following formula:
ATC = U(B)T(B) + U(S)T(S) + U(C)T(C)
__________ | __________ | __________
B | S | C
Where:
U(B) = BOD loading in excess of 250 milligrams per liter
T(B) = Treatment costs assigned to BOD (includes debt service, operation, maintenance, and replacement costs)
B = Total BOD loading or BOD capacity of treatment plants, whichever is less
U(S) = Suspended solids loading in excess of 300 milligrams per liter
T(S) = Treatment costs assigned to suspended solids (includes debt service, operation, maintenance, and replacement costs)
S = Total suspended solids loading or suspended solids capacity of treatment plants, whichever is less
U(C) = COD loading in excess of 800 milligrams per liter
T(C) = Treatment costs assigned to COD (includes debt service, operation, maintenance, and replacement costs)
C = Total COD loading or COD capacity of treatment plants, whichever is less
Sampling frequency for determination of the ATC will be specified in the discharge permit. COD or TOC analytical results may be used in lieu of the BOD test if the BOD test is not applicable due to a toxic effect of the wastewater or a substantial correlation can be developed between BOD and the substitute test, and if allowed by the approving authority. If a BOD test is not applicable due to a toxic effect, then the approving authority has the authority to require the discharger to determine the cause of the toxic effect and then to eliminate the constituent causing the toxic effect.
3. The division of public works may impose and modify such additional surcharges as it deems appropriate to address, among other things, disproportional costs associated with the discharge of wastewater by one or more users. For example, a fee schedule may be established to address disproportional costs the city incurs due to color, COD (due to its impacts on the city's disinfection process), sulfur (due to its impact on biogas generation), dissolved organics (due to its impact on disinfection costs) or fats oils and grease (due to its impact on the collection system). Nothing herein shall be deemed to require the city to accept such wastes for treatment.
C. Cooperative agreements. The sewer service charges in this section are applicable to every person inside and outside the corporate limits of the city whose sewage or wastewater empties into the city's sewage system for eventual disposal through the sewage system and sewage or wastewater treatment plants. The city may enter into appropriate agreements with the county and all other municipalities in the county or elsewhere using the city's sewage system for the disposal of their sewage or wastewater, which agreements shall provide for the implementation of the charges herein and the billing and collection thereof. Such county and municipalities shall be required to enter into such agreement in order to continue their position of discharging their sewage and wastewater through the sewerage system established by the city. All funds collected shall be deposited with the city in the sewer treatment fund in accordance with applicable agreements.
D. Private wells. Those users having private wells will install either water meters on the wells or approved flow metering devices on wastewater discharged to the city sewers. These water meters are subject to approval, inspections, and any maintenance, calibration, record keeping, and reporting requirements deemed necessary by the control authority to continually and reliably produce accurate flow volumes. Wastewater discharge flow metering devices requirements are found in section 13-24-47. Users will be classified as residential or commercial-industrial according to classifications established by the light, gas and water division or other water-serving utility.
E. Seasonal adjustment of sewer fees. Section 13-28-1(B) establishes a monthly maximum charge for residential sewer service regardless of the amount of water flow measured in a billing period. During the months of June, July, August, and September, the maximum charge shall be reduced, and the following fee shall apply for residential customers until changed by amendment to this section:
June through September 2020 and during such months for subsequent years: $50.00
Those residential customers living in special sewer service surcharge areas will not be relieved of the flat rate charges even if their volumetric charges are reduced by the monthly maximum charge. The appropriate flat rate charge will be added to the volumetric charge to reach the adjusted monthly value. No such relief shall be granted to those customers residing in other cities or service areas whose fees are assessed based upon current contracts and agreements.
F. Any user desiring to exercise his option of installing an approved metering device shall notify the control authority of his exercise of the option, and the control authority from the date of installation of the metering device shall adjust its charges back to the date of the notice of the user to install the metering device or 90 days, whichever is sooner and such adjustment shall be based upon the average charge for the 90 days following the installation of the metering device. Those users having private wells shall have 90 days in which to install a water meter or a metering device for measuring wastewater discharged into the city sewer system. The city shall estimate charges for the period of time prior to the installation of the device and shall adjust the charges based on 90 days experience after the installation of the device. If a private well owner installs a water meter and thereafter elects to install a metering device for measuring wastewater discharge into the city sewerage system, then he likewise shall have his charges adjusted from the time of the installation of the device back to the date of notice to the control authority or 90 days, whichever is sooner, and such adjustment shall be based on the charges for 90 days following the installation. Wherever used in this section, the word "sewer" shall mean "sanitary sewer".
G. Groundwater remediation and monitoring wells. Owners or operators of groundwater remediation and/or monitoring wells, such as for TDEC leaking underground storage tank (LUST) sites or dry cleaner environmental remediation program (DCERP) sites, shall be subject to applicable rates based on flow and pollutants.
(Code 1985, § 33-131; Ord. No. 4023, § 1, 3-26-1991; Ord. No. 5036, § 1(part), 2004; Ord. No. 5099, § 6, 2005; Ord. No. 5312, § 1(33-131), 6-2-2009; Ord. No. 5356, § 1(33-131), 6-8-2010; Ord. No. 5498, § 1, 3-5-2013; Ord. No. 5514, § 1, 6-4-2013; Ord. No. 5651, § 1, 7-25-2017; Ord. No. 5738, § 1, 12-3-2019; Ord. No. 5793, § 4, 8-17-2021)