HomeMy WebLinkAbout3291 OrdinanceORDINANCE NO. 41
AN ORDINANCE, concerning process water discharge, treatment and monthly
rates and charges, and repealing Chapter No 13 41 and creating new Chapter 13 41A to
the Pasco Municipal Code
WHEREAS, in order to facilitate industrial development and the development of
food processing plants in the City of Pasco, the City at the direction of the City Council
did design and get permitted a process water reuse facility
WHEREAS, Ordinance No 3057 was adopted in 1994 creating PMC Chapter
13 41 for process water reuse rates and charges
WHEREAS, the original rates and charges were established for a single particular
user, and the chapter has been rewritten to reflect the new rates and procedures charges
for multiple users, and, NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
§1. That PMC Chapter 13 41 "Industrial Wastewater Facilitates Usage,
Limitations, Rates and Charges" be and the same is hereby repealed in its entirety
§2. That a new PMC Chapter 13 41A be and the same is hereby enacted to
read as follows
CHAPTER 13.41A
PROCESS WATER REUSE FACILITY USAGE
LIMITATIONS, RATES AND CHARGES
Sections:
13 41A 010
13 41A 020
13 41A 030
13 41A 040
Connection requirements
Monthly charges
Rate modification and new users
Usage limitations
13 41A 010 CONNECTION REQUIREMENTS Industrial Users connecting to
the City's Process Water Reuse Facilities shall also be required to connect to the City's
Municipal Water System Industrial Users shall further be required to secure all necessary
permits prior to connection to the Process Water Reuse Facilities In addition, Industrial
Users shall install at their sole expense, City approved monitoring stations including,
meters and automatic samplers on their wastewater discharge lines for purposes of
monitoring the volume, strength and characteristics of their plant discharges into the City's
t'
system The meters shall be connected to the City instrumentation and control system
Industnal users may be required to provide screening, pH control, and/or pretreatment of
user's waste The monitonng stations and acquired data shall be open to City employees
at all times for their inspection and the data obtained from the monitoring stations shall be
used by the City to determine the actual variable operating costs as set forth in Section
13 41A 020(b) based upon the actual volume, strength and characteristics of the user's
discharges
13 41A 020 MONTHLY CHARGES The monthly charges shall be separated into
four distinct components These components are as follows
1 Operation and Maintenance (O&M) Charges, Base and Other O&M Charges -
(a) Base O&M Charges Calculation of Base O&M Charges shall be
calculated and established on an annual basis at the beginning of each calendar year
O&M costs associated with the operation and maintenance of the City's Process Water
Reuse Facilities shall be shared proportionately between all users of the facilities, based
upon the estimated annual flows for each industrial user Base O&M costs shall be
allocated and collected over a twelve-month period The base O&M costs and resulting
Base O&M Charges shall be established and based upon an adopted City Council budget
for the Process Water Reuse Facility The minimum annual Base O&M Charge for any
single user of the facility shall be $12,000 00
2 Customized O&M Charges —
(a) Customized O&M Charges For industrial customers utilizing the facilities
specifically constructed (customized) for a specific customer(s) the costs of operation and
maintenance, over and above the base O&M costs shall be directly borne by those
customers The Other O&M Charges shall be based upon the actual costs incurred by the
City during those specific months If there are multiple users of the customized system,
the costs shall be shared proportionately between the users based upon the actual monthly
flows of each user during that period Other O&M Charges and minimum monthly
charges shall be in addition to the Base O&M Charges calculated in (a) above
(b) Annual adjustment It is the intent of this chapter that the industrial users
of the Process Water Reuse Facilities pay the actual operation and maintenance (O&M)
costs incurred by the City to operate the Process Water Reuse Facilities Therefore, the
O&M costs incurred from the discharge from each Industrial User will be reviewed on an
annual basis and the actual operating costs for both the Base O&M Charges and the Other
O&M Charges will be determined The difference between the amount paid for O&M, on
a monthly basis, and the actual O&M costs incurred shall be determined by the City The
difference determined shall either be rebated to or collected from the industrial user(s)
using the Process Water Reuse Facilities In order to assist the City and industrial user(s)
the City Finance Director and the Director of Public Works shall after each calendar
quarter prepare a summary of revenues received and expenses incurred during the
previous quarter, as well as a forecast (to the extent reasonably possible) of revenues and
expenses for the next quarter
2
(c) Overage charges/effluent characteristics The Process Water Reuse Facility
has a fluctuating and finite capacity to accept process wastewater Therefore, the base
monthly charge has been calculated to include a capacity and limitation allowance for the
following effluent volumes, strengths and characteristics The limits are set forth in the
City of Pasco Waste Discharge Permit No 5388 issued by the State of Washington
Department of Ecology (SWDOE) and the individual waste discharge permits of the
customers Each customer shall be monitored for compliance to the approved flows and
loading rates Based on the usage limitations in Section 13 41A 040, consecutive 15-day
allowances for the following characteristics will be monitored for each customer
Characteristics
• Volume/Hydraulic - (Millions of Gallons)
• Bio-Chemical Oxygen Demand [BOD] (lbs )
• Total Suspended Solids [TSS] (lbs )
• Total Nitrogen [TN] (lbs )
The time periods for determination of daily and consecutive 15-day totals for each
characteristic shall be for the twenty-four hour period starting at 1 00 a m and ending at
12 59 a m The time periods for determination of consecutive 15-day allowance periods
shall be a rolling time period during the entire year
The overage charges to be assessed to and paid monthly by the Industrial User
when exceeding the 15-day allowance limitation set forth above shall be as follows,
Characteristics Overage Rate
Volume/Hydraulic $800 00 / MG
(Millions of Gallons)
Bio-Chemical Oxygen $0 03 / lb
Demand (BOD)
Total Suspended Solids $0 01 / lb
(TSS)
Total Nitrogen $0 90 / lb
(TN)
(d) Nothing within this Chapter shall preclude the right of the City and the City
Manager to negotiate a special O&M rate, or contract rate with an individual customer or
industrial user of the system
3 Capital Charges -
(a) Capital charges are related to all outstanding debt of the Process Water
Reuse Facility which should be shared by all users of the facility In addition, capital
charges may also include any budgeted and City Council approved capital improvements
to the Process Water Reuse Facility, the cost of which is to be shared by all users of the
system, and is to be funded from current user rates The total annual capital charges shall
be determined at the start of the calendar year, and allocated to each user on the basis of
their proportionate share of the total permitted combined annual flows Total combined
3
annual flows shall be determined based upon the maximum flow allowed in each user's
State of Washington, State Waste Discharge Permit, in compliance with RCW 90 48 and
WAC 173-216, and which has also been approved by the City A user's annual charge
shall be the user's permitted maximum annual flows divided by the combined permitted
flows or the minimum charge, whichever is greater Capital charges shall be paid in
twelve (12) equal monthly payments The minimum annual capital charge for any single
user of the facility shall be $12,000 00
4 Customized Specific Capital Charges -
(a) User Specific Capital Charges Capital projects, which benefit a single
user, shall be directly assigned to, and paid for by, the benefiting user In instances where
a capital project benefits more than one user, but not all users of the facility, the capital
charges shall be prorated between the users based upon a proportionate share of the total
combined annual flows of the benefiting users User Customized Capital Charges shall be
determined at the start of the calendar year, and payments shall be made in twelve (12)
equal monthly payments User Customized Capital Charges shall be in addition to the
Capital Charges as calculated in Section 13 41A 020(3)(a) above
13 41A 030 RATE MODIFICATION AND NEW USERS This rate ordinance
shall be subject to modification and change, including such time as new users are
connected to the Facilities, at which time a review of the costs incurred and rates charged
for all Industnal Users shall be undertaken
In anticipation of future users of the Process Water Reuse Facilities, the City has
developed and reserved excess capacity in the facilities For new users connecting to the
system, or for existing customers requiring additional capacity, the City Manager shall
establish an appropriate rate for the customer The rate shall consider the reimbursement
of any prior capital charges (payments) made by the City for the establishment and
reservation of excess capacity At the same time, the rate should generally conform to the
approach developed as a part of this ordinance The rate should consider the issue of
equity between existing customers and the new customer Any new rate or agreement
with a new customer, or expansion by an existing customer, is subject to approval by the
City Council
13 41A 040 USAGE LIMITATIONS Due to the limited capacity of the
Process Water Reuse Facilities and the seasonal nature of the Industrial Users operations,
use of the Process Water Reuse Facilities shall be subject to usage limitations These
usage limitations shall be as specified in the Discharge Permit issued by the City prior to
connection to the facilities and the planned annual production schedule and assigned
loadings of the industrial user At the beginning of each calendar year, the industrial user
shall provide in writing to the Director of Public Works an assumed Monthly Production
Schedule and average day loadings for the coming year The City reserves the nght to
shape, limit or restrict loadings from any industrial user to assure that the industrial user
stays within the limitations of the Discharge Permit and the capacity of the Process Water
Reuse Facility
4
Charles Kilbury
Mayor
Leland B rr
Interim City Attorney
Catherine D Seaman
Deputy City Clerk
13 41A 050 EFFECTIVE DATE The effective date for this Ordinance shall be
January 1, 1998
§3. This Ordinance shall take effect five (5) days after passage and publication
Passed by the City Council of the City of Pasco, at a regular meeting this 6 th day
of April, 1998
City of Pasco:
Attest: Approved As To Form:
5
4
iZt-*4 0 BOX 2608
-
PASCO, WASHINGTON 99302-2608
*-%". • • • •%...
PHONE (509) 582 1500
LEG IL A VTflNVO
INVOICE
SOLD TO
FASCO C I TY OF LEGALS
F .0. BOX 23 -
PASCO WA 9901
DATE 04 / 12 / :IS LEGAL NO #0 4`35
ACCOUNT NO 50550
DESCRIPTION #04Sc, ORDFNANCE NO. -2:11AN
TIMES 001 LINES 7.8 LI
TCYFLIE, 471.40
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Please detach at perforation and return with payment
AFFUDIFUY OF PUOULA`11 -11100
COUNTY OF BENTON
SS
STATE OF WASHINGTON
1IFFANY MAGNUS , being duly sworn,
deposes and says, I am the Legal Clerk of the Tr-City Herald, a
daily newspaper That said newspaper is a legal newspaper and
has been approved as a legal newspaper by order of the superior
court in the county in which it is published and it is now and has
been for more than six months prior to the date of the publication
hereinafter referred to, published countinually as a daily newspa-
per in Benton County, Washington That the attached is a true
copy of a #048i ORDINANCE NO . Pt AN as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a supplement thereof, 1 time(s),
commencing on 04/ I. 2/ DO , and ending on
04/12/98 , and that said newspaper was regulary
distributed to its subscribers during all of this period
SUBSCRIBED AND SWORN BEFORE ME THIS
DAY OF NJC--\,_ , \CAq R?),
Notary public in and for the State of Wash-
ington, residing at RIC HLAND WA
COMMISSION EXPIRES 08/15/0(3
ECEIVE
APH
FAN CE DEPT.
Ii Charges be and the same
II) is hereby repealed in its
I entirety
'e 2 That a new PMC Chapter
Ii 13 41A be and the same is
ki hereby enacted to read as
)f follows
'y CHAPTER 13 41A
7 PROCESS WATER
11 REUSE FACILITY USAGE
[TSS] (lbs )
Total Nitrogen [TN] (lbs )
The time periods for deter
mination of daily and con
secutive 15-day totals for
each characteristic shall be
for the twenty-four hour
period starting at 1 00 a m
and ending at 12 59 a m
The time periods for
Approved As To Form
-s- Leland B Kerr
#0485 - 4/12/98
Pasco School
District No 1
1215 West Lew,
Pasco WA 99 1
(509) 546- 4
FAX (509) 6-2685
) LIMITATIONS RATES determionation of consecu- Request f Proposals
d AND CHARGES tive 15-day allowance pen- • n
B Sections 13 41A 010 ods shall be a rolling time Teen Parent Child Care
B Connection requirements period during the entire Program
J 13 41A 020 Monthly year The Pasco School District is
) charges The overage charges to be requesting proposals for the
f 13 41A 030 Rate modifica assessed to and paid operation of a child care
f tion and new users monthly by the industrial center to see the children of
r 13 41A 040 Usage limits user when exceeding the students enrolled in the
I tons 15-day allowance limitation Pasco School District teen
I 13 41A 010 CONNECTION set for above shall be as fol- parenting program Sealed
I REVUIREMENTS lows proposals will be recei\.ed
1 Industrial Users connecting Characteristics until 5 00 p m on April 22
to the Citys Process Water Overage Rate 1998 at the Pasco School
Reuse Facilities shall also Volume/Hydraulic District Administrative
be required to connect to $800 00 / MG Offices 1 21 5 West Lewis
the City,s Municipal Water (Millions of Gallons) Pasco WA 99301 attention
System Industrial users
\
Bio-Chemical Oxygen Nolita M Smith At u that
shall further be required to $0 03 / lb time all proposals will be
secure all necessary per- Demand (BOD) publicly opened read and ,
mits prior to connection to Total Suspended Solids " tabulated for possiblepre-
the Process Water Reuse $0 01 / lb (TSS) sentation to the Board of
Facilities In addition Indus- Total Nitrogen Directors at a later date
trial users shall install at $0 90 / lb (TN) The request for proposal
their sole expense City (d) Nothing within this quotations will be used to
approved monitoring sta- Chapter shall preclude the determine the cost of this
tons including meters and right of the City and the City program and as part of the
automatic samplers on their Manager to negotiate a criteria for possible adop
wastewater discharge lines special O&M rate or con- bon This request for pro
for purposes of monitoring tract rate with an individual posals does not obligate the
the volume strength and customer or industrial user Board of Directors to award
characteristics of their plant
discharges into the City s
)
of the system
3 Capital Charges
a contract for a teen parent
child care program
system The, meters shall (a) Capital charges are Proposal documents may
be connected to the City
instrumentation and control
related to all outstanding
debt of the Process Water be requested in person by
telephone or by FAX system Industrial users Reuse Facility which should Please contact the following may be required to provide be shared by all ers of personnel for further infor
screening pH control and/ the facility In addition cap' mation
or pretreatment of user s tal charges may also Mr G Ray Reynolds
waste The monitonng sta- include any budgeted and Director of Secondary _ tons and acquired data City Council approved carpi Education Pasco School shall be open to city tal improvements to the District No 1 1215 West employees at all times for Process Water Reuse Lewis Pasco WA 99301 - their inspection and the Facility the cost of which is (509) 546-2802 I data obtained from the to be shared by all users of FAX (509) 546-2685
D monitoring stations shall be the system /and is to be OR p used by the City to deter- funded from current user ma Price ' mine the actual variable rates The total annual cap- Administr we Assistant i operating costs as set forth ital charges shall be deter- Curriculum and Instruction ) in Section 13 41A 020(b) mined at the start of the cal- Department Pasco School i based upon the actual vol- endar year and allocated to District No 1 1215 West I ume strength and charac- each user on the basis of Lewis Pasco WA 99301 , tenstics of the user s dm- their proportionate share of (509) 546-2803 ' charges the total permitted corn- FAX (509) 546-2685 ) 13 41A 020 MONTHLY bined annual flows Total It is the intention of the I CHARGES The monthly combined annual flows Pasco School District to charges shall be separated shall be determined based offer equal opportunity to all t into four distinct compo- upon the maximum flow proposers The Board of i nents These components allowed in each user s Directors reserves the right I are as follows State of Washington State to reject any or all propos I 1 Operation and
i Maintenance (O&M)
Waste Discharge Permit in
compliance with RCW als to waive any irregular,
ties or informality in any Charges Base and Other 90 48 and WAC 1 73-21 6 proposal arid to accept the O&M Charges and which has also been lowest responsible propos- (a) Base O&M Charges approved by the City A al
Calculation of base O&M user s annual charge shall John L Walker Director of charges shall be calculated be the user s permitted Fiscal Services and established on an maximum annual flows #0480 4/12 13 14 15 19/98 annual basis at the begin- divided by the combined
nin g of each calendar year permitted flows or the mini REQUEST FOR O&M costs associated with mum charge whichever is PROPOSALS the operation and mainte- greater Capital charges PC BASED DIGITAL nance of the City s Process shall be paid in twelve (12) SURVEILLANCE Water Reuse Facilities shall equal monthly payments CAMERA SYSTEM FOR be shared proportionately The minimum annual capi TRANSIT BUSES between all users of the tal charge for any single RFP 03-98 facilities based upon the user of the facility shall be Ben Franklin Transit is a estimated annual flows for $12 000 00 municipal corporation with each industrial user Base 4 Customized Specific administrative offices locat- O&M costs shall be'allocat Capital Charges ad at 1 000 Columbia Drive ed and collected over a (a) User Specific Capital SE Richland WA 99352 twelve-month period The Charges Capital projects Requests for Proposals are base O&M costs and result which benefit a single user being solicited from quail- ing base O&M charges shall be directly assigned fled firms for a PC Based shall be established and to and paid for by the ben- digital surveillance system based upon an adopted efiting user In instances to be used in our transit City Council budget for the where a capital project ben- buses Ben Franklin Transit Process Water Reuse efits more than one user has a total of $30 000 for Facility The minimum but not all users of the facik this project Copies of the annual base O&M charge ity the capital charges shall Request for Proposals may for any sin g le user of the be prorated between the be obtained by contacting facility shall be $12 000 00 users based upon a propor- Linda Upton Procurement 2 Customized O&M tionate share of the total Supervisor at the above Charges (a) For industrial combined annual flows of address or telephone (509) customers utilizing the facil- the benefiting users User 735 4131 ities specifically constructed customized capital charges Request for Approved (customized) for a specific shall be determined at the Equals will be accepted customer(s) the costs of start of the calendar year until 4 00 PM on April 24 operation and mainte and payments shall be 1998 Proposals will be nance over and above the made in twelve (12) equal accepted by Ben Franklin base O&M costs shall be monthly payments User Transit until 4 00 p m on directly bome by those cus- customized capital charges May 22 1 998 and must be tomers The other O&M
charges shall be based
shall be in addition to the
Capital Charges as calcu- addressed to Linda Upton
upon the actual costs
incurred by the City during
those specific months If
there are multiple users of
lated in Section
13 41A 020(3)(a) above
13 41A 030 RATE MODIFI-
CATION AND NEW
Procurement Supervisor
Ben Franklin Transit 1000
Columbia Drive SE
Richland WA 99352
Equal Employment the customized system the
costs shall be shared pro-
USERS This rate ordi-
nance shall be subject to E-opportunity- u
portionately between the
users based upon the actu-
al monthly flows of each
modification and change
including such time as new
users are connected to the
The Contractor will be required to comply with all
a ual pp Ii cable Equal
user during that period facilities at which time a Employment Opportunity
Other O&M charges and j review of the costs incurred laws and regulations
minimum monthly charges and rates charged for all Disadvantaged Business
; shall be in addition to the industrial users shall be Goals
1 base O&M charges calcu undertaken BFT affirmatively ensures
) lated in 13 41A 020(1)(a) In anticipation of future that Disadvantaged and
) above users of the Process Water Women-owned Business
r (b) Annual adjustment It is Reuse Facilities the City Enterprises (W/DBE S) will
I the intent of this chapter has developed and be afforded full opportunity
t that the industrial users of reserved excess capacity in to submit proposals in
I the Process Water Reuse the facilities For new users response to this request
r Facilities pay the actual connecting to the system and will not be discriminat
j operation and maintenance or for existing customers ed against on the grounds
f (O&M) costs incurred by requiring additional capaci- of race color or national
r the City to operate the ty the City Manager shall origin in consideration for
Process Water Reuse establish an appropriate an award
' Facilities Therefore the rate for the customer The Procurement Protest
O&M costs incurred from rate shall consider the risim- Procedure
the discharge from each bursement of any prior cap Proposers who can demon-
industrial user will be tel charges (payments) strate substantial economic
revieWed on an annual made by the City for the interest may protest BFT S
basis and the actual operat
ing costs for both the base
1
mined ,,, The difference
establishment and reserva
tion of excess capacity At
decision regarding a provi-
sion of the Request for
O&M charges and the other the same time the rate Proposal or contract award
O&M charges will be deter rm should generally conform
the approach developed as
All communication concem
ing a protest shall be in writ
between the amount paid a part of this ordinance The ing A complete copy of the
for O&M on a monthly rate should consider the protest procedure policy
basis and the actual O&M issue of equity between may be obtained by con-
costs incurred shall be existing customers and the tacting BFT S Procurement
determaed by the City The new customer Any new Supervisor
difference determined shall rate or agreement with a Rejection and Waiver
either be rebated to or col- new customer or expan BFT reserves the rigbt_to •
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industrial user(s) the
Finance Director and the
Director of Public Works
shall after each calendar
quarter prepare a summary
of revenues received and
expenses incurred during
the previous quarter as well
as a forecast (to the extent
reasonably possible) of rev-
enues and expenses for the
next quarter
(c) Overage charges/ efflu-
ent characteristics The
Process Water Reuse
Facility has a fluctuating
and finite capacity to accept
process wastewater
Therefore the base month-
ly charge has been calculat-
ed to include a capacity and
limitation allowance for the
following effluent volumes
strengths and charactens
tics The limits are set forth
in the City of Pasco Waste
Discharge Permit No 5388
issued by the State of
Washington Department of
Ecology (SWDOE) and the
individual waste discharge
permits of the customers
Each customer shall be
monitored for compliance to
the approved flows and
loading rates Based on the
usage limitations in Section
13 41A 040 consecutive
15-day allowances for the
following characteristics will
be monitored for each cus
tomer
Characteristics
Volume/Hydraulic (Millions
of Gallons)
Bio-Chemical Oxygen
Demand [BOD] (lbs )
Total Suspended Solidsd
ed capacity of the Process
Water Reuse -racilities and
the seasonal nature of the
industrial users operations
use of the Process Water
Reuse Facilities shall be
subject to usage limitations
These usage limitations
shall be as specified in the
discharge permit issued by
the City prior to connection
to the facilities and the
planned annual production
schedule and assigned
loadings of the industrial
user At the beginning of
each calendar year the
industrial user shall provide
in writing to the Director of
Public Works an assumed
monthly production sched
ule and average day load
ings for the coming year
The City reserves the right
to shape limit or restrict
loadings from any industrial
user to assure that the
industrial user stays within
the limitations of the dis-
charge permit and the
capacity of the Process
Water Reuse Facility
13 41A 050 EFFECTIVE
DATE The effective date
for this Ordinance shall be
January 1 1998
3 This Ordinance shall take
effect five (5) days after
passage and publication
Passed by the City Council
of the City of Pasco at a
regular meeting this 6th day
of April 1998
-s- Charles Kilbury Mayor
Attest
Catherine D Seaman
,C,Deputy City Clerk
all proposals may
ed in whole or in part when
it is in the best interest of
BET
#0443 - 419 12/98
SUMMARY OF ORDI-
NANCE NO 3289 of the
City of Pasco
Washington
On the 6th Day of April,
1998 the City Council of
the City of Pasco passedI
Ordinance No 3289 Ai
summary of the content of
said ordinance consisting;
of the title provides as fol-
lows
AN ORDINANCE OF THE
CITY OF PASCO WASH
INGTON GRANTING TO
ELECTRIC LIGHTVVAVE
IN A WASHINGTON COR
PORATION A NON
EXCLUSIVE FRANCHISE
TO INSTALL OPERATE
AND MAINTAIN A
TELECOMMUNICATIONS
SYSTEM IN ON OVER
UPON ALONG AND
ACROSS CERTAIN DES-
IGNATED PUBLIC
RIGHTS-OF WAY OF THE
CITY OF PASCO WASH-
INGTON PRESCRIBING
CERTAIN RIGHTS
DUTIES TERMS AND
CONDITIONS WITH
RESPECT THERETO
AND ESTABLISHING AN
EFFECTIVE DATE The full
text of this ordinance will be
mailed upon request Dated
this 6th day of April 1998 }
-s- Cathenne D Seaman
Deputy •ity Clerk