Fort Collins Municipal Code and Charter > Chapter 26Search Municipal Code (Frames)


TABLE OF CONTENTS

CHAPTER 26

UTILITIES

Articles:

I. In General

Sec. 26-1 Definitions

Sec. 26-2 Utility users agree to the rules; penalty for breach

Sec. 26-3 Damage to property of utilities prohibited

Sec. 26-4 Dual supply of water and wastewater service

Sec. 26-5 Notice requirements generally

II. Administration

Sec. 26-21 Organization

Sec. 26-22 Right of entry

Sec. 26-23 Records

Sec. 26-24 Property owner's consent for utility service

Sec. 26-25 Required information for utility service

Sec. 26-26 Confidentiality of utility customer information

Sec. 26-27 Use of false information in connection with utility services

Sec. 26-28 Abatement of imminent hazards

Sec. 26-29 Water Utilities Development Construction Standards

III. Water

Division 1 Generally

Sec. 26-41 Definitions

Sec. 26-42 Purpose

Sec. 26-43 Utility considered a City-owned enterprise

Sec. 26-44 Composition of the water utility

Sec. 26-45 Pollution of water supply prohibited

Sec. 26-46 Tampering with fire hydrants or other utility appliance

Sec. 26-47 Interruption of service by utility

Sec. 26-48 Authority to turn on water

Sec. 26-49 Service outside City limits

Sec. 26-50 Fluoridation

Sec. 26-51 Discontinuance of water service

Sec. 26-52 Rules and regulations

Sec. 26-53 Administrative appeal procedure

Division 2 Service Permits

Sec. 26-71 Required

Sec. 26-72 Failure to get permit; penalty

Sec. 26-73 Contents of application

Sec. 26-74 Conditions for granting permits

Sec. 26-75 Contents of permit

Sec. 26-76 Revocation of permit; contractor responsibilities

Sec. 26-77 Turning on water to existing connection

Sec. 26-78 Abandonment of service lines

Division 3 Service Distribution System

Sec. 26-93 Construction of water mains

Sec. 26-94 Individual service lines for each building required

Sec. 26-95 Installation and maintenance of service lines; user responsibilities; liability

Sec. 26-96 Maintenance responsibility of utility

Sec. 26-97 Water service lines; general regulations

Sec. 26-98 Water meter requirements and installation

Sec. 26-99 Meter interference; damages

Sec. 26-100 Fire lines

Division 4 Fees and Charges

Sec. 26-116 Permissible fees and charges

Sec. 26-117 Turn on/off fee

Sec. 26-118 Determination of user rates

Sec. 26-119 Charges in event of meter failure

Sec. 26-120 Water plant investment fees

Sec. 26-121 Reimbursement assessments

Sec. 26-122 Tap charge

Sec. 26-123 Surcharge for pumping stations

Sec. 26-124 Water from fire hydrants

Sec. 26-125 Collection of unpaid charges

Sec. Schedule A, flat rates for unmetered construction water use

Sec. 26-127 Schedule B, meter rates

Sec. 26-128 Schedule C, water plant investment fees

Sec. 26-129 Schedule D, miscellaneous fees and charges

Sec. 26-130 Agreements for special water services

Division 5 Water Rights

Sec. 26-146 Reservation of rights by City

Sec. 26-147 Grant of water rights; required

Sec. 26-148 Raw water requirement (RWR); residential service

Sec. 26-149 Raw water requirement; nonresidential service

Sec. 26-150 Raw water requirements; satisfaction

Division 6 Water Conservation

Sec. 26-166  Waste of water prohibited

Sec. 26-167  Water supply shortage response; emergency restrictions

Sec. 26-168  Obligation to comply; penalties

Sec. 26-169  Conservation assistance, rebates and incentives

Division 7 Cross-Connection Control

Sec. 26-186 Cross-connection prohibited; exception

Sec. 26-187 Backflow prevention assembly

Sec. 26-188 Contamination prohibited

Sec. 26-189 Prevention program

IV. Wastewater

Division 1 Generally

Sec. 26-206 Definitions

Sec. 26-207 Terms and abbreviations

Sec. 26-208 Purpose; application of Article

Sec. 26-209 Utility considered a City-owned enterprise

Sec. 26-210 Composition of the wastewater utility

Sec. 26-211 Federal, State and City authority

Sec. 26-212 Water Board

Sec. 26-213 Supervision of the wastewater utility

Sec. 26-214 Unsanitary disposal of wastes prohibited

Sec. 26-215 Private wastewater disposal

Sec. 26-216 Interference with wastewater utility prohibited

Sec. 26-217 Categorical pretreatment standards; preemption

Sec. 26-218 Service outside City limits

Sec. 26-219 Inspections; right of access

Division 2 Service Applications, Requirements, Permits

Sec. 26-236 Connection required

Sec. 26-237 Unlawful to connect without permit

Sec. 26-238 Contents of application; requirements

Sec. 26-239 Conditions for granting permits

Sec. 26-240 Revocation of permit; contractor responsibilities

Sec. 26-241 Change of ownership of existing service lines

Sec. 26-242 Abandonment of service lines

Division 3 Collection System

Sec. 26-256 Individual service lines for each building required

Sec. 26-257 Service lines; user responsibilities

Sec. 26-258 Wastewater service lines; general regulations

Sec. 26-259 Public sewer construction

Sec. 26-260 Lift stations and force mains

Division 4 Fees and Charges

Sec. 26-276 Permissible fees and charges

Sec. 26-277 Determination of user rates; annual adjustment

Sec. 26-278 Classification of users

Sec. 26-279 Service charges; categories

Sec. 26-280 Service charges established by category

Sec. 26-281 Wastewater strength or industrial surcharge; categories

Sec. 26-282 Wastewater strength or industrial surcharges and categories established

Sec. 26-283 Sewer plant investment fees (SPIF); basis

Sec. 26-284 Sewer plant investment fees and surcharges established

Sec. 26-285 Reimbursement assessments

Sec. 26-286 Tap charge

Sec. 26-287 Surcharge for lift stations

Sec. 26-288 Unpaid charges

Sec. 26-289 Miscellaneous fees and charges

Sec. 26-290 Agreements for special wastewater services

Division 5 Discharge Permits and Monitoring Regulations

Sec. 26-306 Wastewater discharge permit required

Sec. 26-307 General wastewater discharge permit

Sec. 26-308 Industrial discharge permit; application

Sec. 26-309 Existing industrial user discharge permit; application

Sec. 26-310 New application if type or volume of discharge changes

Sec. 26-311 Survey of existing industrial users

Sec. 26-312 Issuance of industrial permit

Sec. 26-313 Denial of industrial permit

Sec. 26-314 Permit may be conditional

Sec. 26-315 Modification of industrial permits

Sec. 26-316 Compliance schedules; progress reports

Sec. 26-317 Monitoring facilities

Sec. 26-318 Sampling and analysis

Sec. 26-319 Reporting requirements for permittee

Sec. 26-320 Falsifying information

Sec. 26-321 Trade secrets

Sec. 26-322 Slug discharge control plans

Sec. 26-323 Adoption of the Effluent Guidelines and Standards

Sec. 26-324 Liquid waste hauler permits

Division 6 Use Regulations

Sec. 26-331 Excessive discharge prohibited

Sec. 26-332 Prohibitive discharge standards

Sec. 26-333 Specific pollutant limitations

Sec. 26-334 Accidental discharges

Sec. 26-335 Upsets

Sec. 26-336 Bypass

Sec. 26-337 Variances

Sec. 26-338 Pretreatment

Sec. 26-339 Interceptors

Sec. 26-340 Discharge limitations

Division 7 Enforcement

Sec. 26-344 Discharge in violation of prohibitions and limitations

Sec. 26-345 Revocation of permit

Sec. 26-346 Notice of violation

Sec. 26-347 Administrative orders

Sec. 26-348 Consent orders

Sec. 26-349 Show cause hearing

Sec. 26-350 Administrative fines

Sec. 26-351 Administrative appeal procedure

Sec. 26-352 Civil liability

Sec. 26-353 Legal and injunctive relief

Sec. 26-354 Civil liability for expenses and fines

Sec. 26-355 Criminal violation

Sec. 26-356 Service

Sec. 26-357 Public notification

Sec. 26-358 Remedies cumulative

V. Extension of Water and Wastewater Systems

Sec. 26-366 Definitions

Sec. 26-367 Rules and regulations

Sec. 26-368 Water and sewer main extensions

Sec. 26-369 Subdivisions and developments

Sec. 26-370 Public construction projects

Sec. 26-371 Oversizing

Sec. 26-372 Reimbursement agreements

VI. Electric

Division 1 Generally

Sec. 26-391 Definitions

Sec. 26-392 Utility considered a City-owned enterprise

Sec. 26-393 Permission required for connection with electric utility

Sec. 26-394 Permission required for connections bypassing meters

Sec. 26-395 Interference with meters prohibited

Sec. 26-396 Use of meters required; damage to system prohibited

Sec. 26-397 Prima facie evidence of violations

Division 2 High Voltage Transmission Facilities

Sec. 26-411 Compliance required for high voltage transmission facilities

Sec. 26-412 Franchise or other authorization required

Sec. 26-413 Franchise specifications

Sec. 26-414 Effect of franchise

Sec. 26-415 Supervision of work

Sec. 26-416 City electric utility not affected

Sec. 26-417 Violations and penalties

Division 3 Electric Service

Sec. 26-441 Obtaining electric service

Sec. 26-442 Electric service lines and related facilities

Sec. 26-443 City electric utility not affected

Sec. 26-444 Customer generation of electric service

Sec. 26-445 Retail sale of electric service

Sec. 26-446 Wholesale transactions

Sec. 26-447 Annexations

Sec. 26-448 Violations and penalties

Sec. 26-449 Appeals

Division 4 Rates, Fees and Charges

Sec. 26-462 Determination of rates, fees and charges

Sec. 26-463 Electric rates; general service rules, regulations and interconnection standards

Sec. 26-464 Residential energy service, schedule R

Sec. 26-465 Residential demand service, schedule RD

Sec. 26-466 General service, schedule GS

Sec. 26-467 General service 25, schedule GS25

Sec. 26-468 General service 50, schedule GS50

Sec. 26-469 General service 750, schedule GS750

Sec. 26-470 Substation service, schedule SS

Sec. 26-471 Special area floodlighting, schedule FL

Sec. 26-472 Traffic signal service, schedule T

Sec. 26-473 Electric development fees and charges

Sec. 26-474 Residential electric development fees and charges

Sec. 26-475 Nonresidential electric development fees and charges

Sec. 26-476 Public electric vehicle charging station service user fees

VII. Stormwater Utility

Division 1 Generally

Sec. 26-491 Definitions

Sec. 26-492 Declaration of purpose

Sec. 26-493 Utility considered a City-owned enterprise

Sec. 26-494 Flood insurance

Sec. 26-495 Water Board

Sec. 26-496 Administration to be by Utilities Executive Director

Sec. 26-497 Cooperation with the County

Sec. 26-498 Water quality control

Sec. 26-499 Violations and penalties

Sec. 26-500 Stormwater Criteria Manual

Division 2 Stormwater Fees

Sec. 26-511 Stormwater fees

Sec. 26-512 Stormwater plant investment fees established

Sec. 26-513 Stormwater utility fee

Sec. 26-514 Determination of stormwater utility fee

Sec. 26-515 Changing stormwater plant investment fees

Sec. 26-516 Billing for stormwater utility fee

Sec. 26-517 Certain properties exempt from stormwater utility fee

Sec. 26-518 Enforcement

Sec. 26-519 Unpaid charges to be a lien

Sec. 26-520 Appeals

Sec. 26-521 Notice of decision

Sec. 26-522 Disposition of fees and charges

Division 3 Stormwater Facilities

Sec. 26-541 Property owners to provide stormwater facilities

Sec. 26-542 Establishment of stormwater basins

Sec. 26-543 Master drainage plans

Sec. 26-544 Stormwater facilities required for subdivisions

Sec. 26-545 Credit for construction of major basin improvements

Sec. 26-546 Assessment for off-site stormwater improvements

Sec. 26-547 Maintenance of storm drainage facilities

Sec. 26-548 Stop work orders

VIII. Reserved

IX. Utility Refund Programs

Division 1 Generally

Reserved

Division 2 Water, Wastewater, Stormwater, Electric Utilities Refund Program

Sec. 26-611 Declaration of purpose

Sec. 26-612 Requirements for qualification

Sec. 26-613 Application for refund

Sec. 26-614 Amount of refund

Sec. 26-615 Refund payable from general fund

Sec. 26-616 Payment of refund to applicant

Sec. 26-617 Rules and regulations

Division 3 Deferral of Fees for Affordable Housing

Sec. 26-631 Definitions

Sec. 26-632 Deferral of fees

X. Utility Service Outside City Limits

Sec. 26-651 Conditions for furnishing service within Growth Management Area

Sec. 26-652 Conditions for furnishing service outside Growth Management Area

Sec. 26-653 Permit is revocable; agreement of user

XI. Utility Line Installation

Division 1 Generally

Sec. 26-671 License required

Division 2 License

Sec. 26-686 Required

Sec. 26-687 Application for license

Sec. 26-688 Bond required

Sec. 26-689 License fee

Sec. 26-690 Issuance of license

Sec. 26-691 Guarantee of work

Sec. 26-692 Suspension or revocation of license; appeal

Sec. 26-693 Exceptions

XII. Utility Accounts, Billing and Collections

Sec. 26-711 Definitions

Sec. 26-712 Utility bill and account charges authorized; procedures

Sec. 26-713 Due date; delinquency

Sec. 26-714 Contributions may be passed on to consumer

Sec. 26-715 Deposits

Sec. 26-716 Budget billing

Sec. 26-717 Rebates

Sec. 26-718 Unpaid charges a lien

Sec. 26-719 Discontinuance of service at user's request

Sec. 26-720 Administrative rules and regulations

Sec. 26-721 Billing errors


ARTICLE I.Go to the top
IN GENERAL

Sec. 26-1. Definitions.Go to the top

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section:

City Manager shall mean the City Manager of the City of Fort Collins or the designated representative of the City Manager.

Customer shall mean a user of one (1) or more City utility services in whose name an account for related charges or other related financial responsibilities is maintained by the Financial Officer.

Developer or subdivider shall mean any person who plats and improves undeveloped land for industrial, commercial, residential or mixed use thereby creating a demand for City utility services.

Dwelling unit means one (1) or more rooms and a single kitchen designed for or occupied as a unit by one (1) family for living and cooking purposes located in a single-family or multi-family dwelling.

Electric utility shall mean those departments of Utility Services which are in charge of the distribution and sale of electricity in the City.

Financial Officer shall mean the head of the Financial Administration Unit or the designated representative of the Financial Officer.

Fort Collins Stormwater Criteria Manual or Stormwater Criteria Manual shall mean the Fort Collins Stormwater Criteria Manual adopted pursuant to § 26-500, and be applicable to stormwater infrastructure and management, operation and maintenance of stormwater improvements, together with any technical revisions thereto, as more specifically described in § 26-500.

Imminent hazard shall mean the existence of a public nuisance or any other condition or occurrence that, as determined by the Utilities Executive Director, poses a threat to public health, safety and welfare. This includes, but is not limited to, a condition that:

(1) poses a threat to any City utility system;

(2) interferes with the provision of utility services pursuant to this Chapter; or

(3) materially interferes with or impairs the utility's compliance with any environmental restrictions, regulations or permits applicable to the utility.

Mailing address shall mean the postal address or electronic mail address that has been provided by the customer to the Utilities Executive Director, as shown in the records of the Financial Officer, and to which all utility bills and notices to said customer shall be sent.

Oversizing shall mean the term for the circumstance where the City has required the developer to install a water or sewer main of a size or capacity greater than that needed to serve just the particular development.

Owner includes legal representatives, agents, assigns and successors in interest as well as the actual or original owner of record of the property served by a City utility.

Person shall mean any individual, joint venture, partnership, firm, corporation, association, club or organized group, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns.

Stormwater utility shall mean those departments of Utility Services which are in charge of the stormwater facilities for the City.

Subdivision shall mean the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development.

User shall mean generally, the owner, tenant, trustee, mortgage receiver or occupier of premises which are connected to any of the City's utilities.

Utility bill shall mean the bill issued by the Financial Officer to a utility customer for utility services furnished, charges assessed, adjusted or negotiated and payments due thereon, late payment fees, penalties and all other sums due to the City from said customer.

Wastewater utility shall mean those departments of Utility Services which are in charge of the collection and treatment of wastewater for the City.

Water utility shall mean those departments of Utility Services which are in charge of the production, distribution and sale of water for the City.

Water Utilities Development Construction Standards shall mean the Water Utilities Development Construction Standards adopted pursuant to § 26-29, and applicable to construction of water, wastewater and stormwater infrastructure, together with any technical revisions thereto, as more specifically described in § 26-29.

(Code 1972, § 112-1; Ord. No. 164, 1986, § 1(112-1), 11-4-86; Ord. No. 8, 1996, § 7, 2-20-96; Ord. No. 211, 1998, § 4, 12-1-98; Ord. No. 130, 2002, §§ 9, 36, 9-17-02; Ord. No. 176, 2006, § 1, 11-7-06; Ord. No. 019, 2010, § 1, 3-16-10; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 163, 2011, § 1, 12-6-11; Ord. No. 174, 2011, § 1, 12-20-11)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 26-2. Utility users agree to the rules; penalty for breach.Go to the top

(a) Any person receiving a utility service from the City agrees to abide by, and shall abide by all provisions of this Code and all the effective rules, regulations, policies and procedures of the City pertaining to the respective utilities.

(b) The failure of any utility user to comply with any provision of this Code or any regulatory provision issued thereunder is a violation of this Code and, upon conviction, is punishable as provided in § 1-15. The violator may also be subject to any other penalties or liability provided by this Chapter, including the disconnection of utility services until compliance is achieved.

(Ord. No. 164, 1986, § 1(112-4), 11-4-86)

Sec. 26-3. Damage to property of utilities prohibited.Go to the top

It is unlawful for any person to tamper with, molest or damage in any manner any property, equipment, appliance or appurtenance constituting a part of any utility system or for any person to trespass upon the property of the City and interfere in any manner with the operations of a utility system. Any expense caused to the City for the repair or replacement of damaged, stolen, tampered with or misused utility equipment or facilities shall be charged against and collected from the person who caused the expense.

(Ord. No. 164, 1986, § 1(112-6), 11-4-86)

Sec. 26-4. Dual supply of water and wastewater service.Go to the top

If a property located within the City is in an area not supplied with both water and wastewater service from the City but is capable of receiving both water and wastewater service from the one (1) or more duly established quasi-municipal utility service districts, then the City shall not extend or provide either service to the property. The City may, however, extend either or both services to such property if the utility service district becomes incapable of providing a reasonable level of service to the property. Upon the review of the Water Board and the City administration, the City Council may waive any part or all of this Section.

(Ord. No. 164, 1986, § 1(112-7), 11-4-86; Ord. No. 117, 1996, § 5, 9-17-96; Ord. No. 28, 1998, § 4, 3-17-98)

Sec. 26-5. Notice requirements generally.Go to the top

Unless otherwise specified, whenever notice is required to be given by the provisions of this Chapter, it shall be to the last known mailing address of the person to be notified as shown on the records of the City. Service of such notice shall be effective upon the date of mailing.

(Ord. No. 164, 1986, § 1(112-8), 11-4-86; Ord. No. 176, 2006, § 2, 11-7-06)

Secs. 26-6—26-20. Reserved.


ARTICLE II.Go to the top
ADMINISTRATION*

Sec. 26-21. Organization.Go to the top

(a) The electric, stormwater, wastewater and water utilities shall be under the immediate administrative supervision and control of Utility Services which shall operate the properties of the various utilities in an efficient and economical manner.

(b) Utilities Services shall be headed by the Utilities Executive Director pursuant to § 2-506 of this Code.

(Ord. No. 164, 1986, § 1(112-2(A)), 11-4-86; Ord. No. 8, 1996, § 8, 2-20-96; Ord. No. 211, 1998, § 5, 12-1-98; Ord. No. 130, 2002, §§ 9, 37, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-22. Right of entry.Go to the top

(a) In connection with the necessary discharge of their duties and the enforcement of the provisions of this Chapter, the employees of the City shall, at all reasonable times, have access to any premises within or without the City served by one (1) or more of the utilities for the examination or survey thereof or for inspection and repair of facilities and appurtenances, connection and disconnection of services or reading meters. This provision is not intended to modify the right of access described in § 26-219.

(b) Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever a City employee has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous or presents a significant, immediate danger to human health or the environment, the City employee may enter such building or premises at all reasonable times to inspect it or to perform any duty imposed upon the City employee by this Chapter. If such building or premises is occupied at the time entry is required, the City employee shall first present proper credentials and request entry. If such building or premises is unoccupied, the City employee shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the City employee shall have recourse to every remedy provided by law to secure entry.

(c) When the City employee has obtained an inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the City employee for the purpose of inspection and examination pursuant to this Article. Any such failure to permit entry upon request pursuant to a valid inspection warrant shall be a misdemeanor punishable by the provisions set forth in § 1-15 of this Code.

(Ord. No. 164, 1986, § 1(112-5), 11-4-86; Ord. No. 130, 2002, § 38, 9-17-02; Ord. No. 019, 2010, § 2, 3-16-10)

Charter reference—Right of entry, Art. XII, § 2.

Sec. 26-23. Records.Go to the top

All contracts, records and evidences of title relating to any of the utilities' property acquired by the City shall be assembled and carefully preserved. The Utilities Executive Director and the Financial Officer shall keep and preserve such other records and prepare such reports concerning the utilities as the City Manager directs. The City Manager shall keep the City Council advised of the operation, financial conditions and future needs of the utilities.

(Ord. No. 164, 1986, § 1(112-2(B)), 11-4-86; Ord. No. 8, 1996, § 11, 2-20-96; Ord. No. 211, 1998, § 7, 12-1-98; Ord. No. 130, 2002, § 38, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-24. Property owner's consent for utility service.Go to the top

Utility service provided to real property pursuant to the terms of this Chapter shall be deemed to be provided at the request and with the consent of the owner of said real property, unless and until the Utilities Executive Director receives written notice of said owner's withdrawal of such consent.

(Ord. No. 155, 2005, § 1, 12-20-05; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-25. Required information for utility service.Go to the top

(a) Each utility service customer or applicant for utility service to be provided pursuant to this Chapter shall provide to the Utilities Executive Director accurate and complete information regarding the ownership of the real property to which utility service is to be provided and shall state whether or not the dwelling units situated on such property are owner-occupied. The information required by the Utilities Executive Director may include, but need not be limited to, the street address of each such dwelling unit, together with the name, mailing address and telephone number of all owners and property managers, if any, of each dwelling unit. If none of the owners or property managers of a dwelling is a natural person, then the applicant shall also provide the name, address and contact information for a natural person who is duly authorized to act as agent for the owner with regard to the management of such unit.

(b) If there is any change in the information provided to the Utilities Executive Director under this Section, the utility account customer shall so notify the Utilities Executive Director within thirty (30) days of such change.

(c) The Utilities Executive Director may require completion of an affidavit or certification by the owner of such real property authorizing utility service to the same and verifying the information provided to the Utilities Executive Director pursuant to the requirements of this Section. The Utilities Executive Director may also, in his or her discretion, require any person requesting the initiation, modification or termination of utility service provided pursuant to this Chapter, or providing information pursuant to this Section, to produce a government-issued photo identification verifying such person's identity.

(d) In connection with the administration, management and documentation of any utility customer account, billing, collection or utility service-related matter pursuant to this Chapter, the Utilities Executive Director may require such additional information regarding the holder of said account, the real property to which utility service has been or will be provided or the improvements situated thereon as he or she determines to be reasonably necessary, including, but not limited to, the date of birth or social security or driver's license information of said account holder or applicant for service.

(Ord. No. 155, 2005, § 2, 12-20-05; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-26. Confidentiality of utility customer information.Go to the top

Pursuant to the procedures, conditions and requirements of the Colorado Open Records Act, Section 24-72-101 et seq., C.R.S., and this Section:

(1) The Utilities Executive Director may make said information available for inspection by any peace officer or any City employee or officer responsible for the enforcement of this Code, upon the provision of satisfactory evidence that the inspection is reasonably related to the authority and duties of such peace officer or Code enforcement personnel;

(2) Such utility account information may be disclosed to the owner or owners of any real property to which such utility account applies;

(3) Such utility account information may be disclosed to the public in an aggregated or statistical form so classified as to prevent the identification, location or habits of individual customers; and

(4) Such utility account information may be disclosed within the City organization or to City contractors, so long as the release of the information is conditioned upon reasonable precautions and requirements to prevent disclosure of said information to the public.

(Ord. No. 155, 2005, § 3, 12-20-05; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-27. Use of false information in connection with utility services.Go to the top

It shall be unlawful for any person to knowingly provide any untrue, deceptive or misleading information to the Utilities Executive Director or Financial Officer, or to otherwise misrepresent such person's name, address, telephone number or status, or the name, address or telephone number of the owner of real property to which utility service has been provided or requested to be provided, in connection with the initiation, modification, or termination of utility service provided pursuant to this Chapter, or related to the payment or collection of any amounts due in connection with any such utility service. Violation of this Section shall be punishable as provided in § 1-15, and may constitute grounds for disconnection of utility services.

(Ord. No. 155, 2005, § 4, 12-20-05; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-28. Abatement of imminent hazards.Go to the top

(a) If the Utilities Executive Director identifies a circumstance that constitutes an imminent hazard, the Utilities Executive Director is authorized to take such steps as the Director deems appropriate to prevent or mitigate the imminent hazard and to recover any costs incurred by the City in these efforts. Failure to follow the procedures described below does not preclude the City from recovering its abatement costs through any legal means.

(b) Except as otherwise specifically provided, if the Utilities Executive Director certifies in writing that an imminent hazard exists, as defined in this Chapter, the Utilities Executive Director may issue an order to the owner, agent of the owner, occupant of the property or other responsible party pursuant to § 26-547, stating that the imminent hazard exists and requiring such actions as he or she deems necessary in order to abate the imminent hazard.

(c) If the Utilities Executive Director issues an order regarding the abatement of an imminent hazard, such order shall:

(1) be in writing;

(2) be personally served, whenever feasible, on the owner, owner's agent or other responsible party pursuant to § 26-547 or, when personal service is not feasible, be posted conspicuously at the premises or be mailed to the person by certified mail, return receipt requested, to his or her last known address;

(3) describe with reasonable specificity the condition existing on the premises that gives rise to the issuance of the imminent hazard order;

(4) specify, if applicable, the maximum time period before the City itself will abate the hazard;

(5) state that an appeal of the order is available under the provisions of Subsection (g) of this Section;

(6) include a copy of this Section;

(7) state that, in the event the property owner, owner's agent or occupant fails to immediately comply with the imminent hazard order, the City may take any steps necessary to correct the imminent hazard, bill the property owner for costs incurred to correct the hazard and, if unpaid, seek any and all available legal remedies, including, but not limited to, preventing the person responsible for creating or allowing the imminent hazard from obtaining or renewing any licenses, permits or certificates from the City.

(d) In the event the person to whom the imminent hazard order is issued fails or refuses to comply with such order, the Utilities Executive Director may cause the imminent hazard to be summarily abated in such manner or by such methods as are necessary and appropriate under the circumstances of each case.

(e) If an imminent hazard has been abated by the City under this Section and the responsible party under § 26-547 fails, within thirty (30) days after receipt of the City's bill for costs and expenses incurred in abating the imminent hazard, to pay said costs and expenses, a lien in the amount due will be created by the owner's failure to pay the amount due and may be assessed against the property upon which the imminent hazard exists or the property directly benefitting from a storm drainage facility described in § 26-547 and such lien shall be enforced consistent with Subsections 26-718(b) and (d).

(f) To enforce an imminent hazard order, the Utilities Executive Director or his or her designee may enter upon any premises or property in accordance with the provisions of § 26-22 for the purpose of inspecting, abating, repairing, removing or otherwise preventing the condition which is an imminent hazard to the public health, safety and welfare.

(g) Any party to whom an imminent hazard order has been issued and who believes that he or she has been aggrieved by an imminent hazard order issued by the Utilities Executive Director may appeal the order to a hearing officer, who shall be appointed by the Executive Director, provided that the aggrieved party makes written application for such appointment within five (5) days of service of the imminent hazard order. In no event, however, shall an appeal of an imminent hazard order in any way stay or suspend the same, unless measures to avoid or mitigate the imminent hazard have been approved by the Utilities Executive Director and are implemented as approved. If a timely appeal is made, a hearing concerning the propriety of the order shall be granted to the party to whom an imminent hazard order has been issued and, after notice thereof to the appellant, the hearing shall be held no more than ten (10) calendar days after the filing of the notice of appeal. At the hearing, the appellant and the City may be represented by an attorney, may present evidence and may cross-examine witnesses. A verbatim transcript of the hearing shall be made. The decision of the hearing officer shall be based upon competent evidence.

(h) The remedies discussed in this Section are available to the City in addition to any other remedies which may be available to the City. Nothing contained in this Section shall be construed to preclude the City or the Utilities Executive Director from seeking any and all other available legal remedies.

(Ord. No. 019, 2010, § 3, 3-16-10)

Sec. 26-29. Water Utilities Development Construction Standards.Go to the top

(a) The Utilities Executive Director shall promulgate Water Utilities Development Construction Standards, which shall constitute standard specifications governing the depth, size, slope, alignment, materials or construction of water, wastewater and stormwater fixtures, lines and other improvements, as well as the methods to be used in the excavation, placement, joining, testing, trenching and backfilling, and such other technical specifications as may apply to construction of water, wastewater and stormwater infrastructure. Said specifications shall be effective upon approval by the City Council by ordinance, will have the same force and effect as provisions of this Chapter, and shall be enforceable pursuant to the terms of this Chapter and as provided in § 1-15 of this Code. Except for the administrative adoption of technical revisions as authorized in Subsection (b) below, revisions to the Water Utilities Development Construction Standards shall be subject to approval by the City Council by ordinance.

(b) The Utilities Executive Director may adopt minor additions, revisions and corrections to the Water Utilities Development Construction Standards as may, in the judgment of the Utilities Executive Director, be necessary to better conform to good engineering and/or construction standards and practice. The Utilities Executive Director shall approve only those proposed technical revisions that:

(1) are consistent with all existing policies relevant to the revisions,

(2) do not result in any significant additional cost to persons affected by the revision, and

(3) do not materially alter the standard or level of service to be accomplished through the specified infrastructure.

Upon adoption of any technical revisions pursuant to the authority of this Subsection, the Utilities Executive Director shall provide to the City Clerk documentation of such technical revisions specifying the date upon which they shall become effective, and shall maintain said documentation on file in the permanent records of the City Clerk and Utility Services and available for public inspection.

(Ord. 163, 2011, § 2, 12-6-11)

Secs. 26-30—26-40. Reserved.


ARTICLE III.Go to the top
WATER*

Division 1
Generally
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Sec. 26-41. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Average daily demand shall mean the annual total water demand divided by the number of days in the year.

City water shall mean water from the water utility of the City of Fort Collins.

Cross-connection shall mean any permanent or temporary linkage or arrangement, physical or otherwise, between a potable water supply system and any piping, plumbing fixtures, tank, receptacle, equipment or device through which it may be possible for nonpotable, used, unclean, polluted or contaminated water or other substance or gas to enter into any part of such potable water system under any condition. A potable water system may mean either the City's distribution or that portion of the water delivery system carrying City water solely within a user's premises. For purposes of this Article, other definitions pertinent to cross-connection control have the meanings adopted by the latest edition of the Cross-Connection Control Manual published by the State Department of Public Health and Environment unless superseded by any rules and regulations promulgated under this Article.

Fire line or fire tap shall mean a water tap carrying City water from the main to the emergency fire sprinkler system of a building for the sole purpose of fire protection and not for regular use for domestic purposes.

Peaking factor shall mean the ratio of the highest amount of water delivered in a single day for the year to the average daily demand for that year.

Privately owned water main or private main shall mean a waterline under the ownership, maintenance and control of a private individual or entity even though connected to a publicly owned water main for its source of water and which may have multiple taps serving several buildings or properties under different ownerships with City water.

Service line (water, public and private) shall mean the water delivery pipeline running from the City water main to the building or property to be served consisting of a publicly owned and maintained portion from the main to the curb stop and a privately owned and maintained portion from the curb stop including the outlet coupling to the building or other point of use or distribution on the lot or premises served. The terms water service pipe and building supply as used in the plumbing code have the same meaning. The public portion of a service line is also referred to as a service line stub or as a public service line as distinguished from the term private service line which refers to the privately owned and maintained portion of the service line.

User shall mean the owner, tenant, trustee, mortgage receiver or occupier of premises which are connected to the water utility.

Utility or enterprise, as used in this Article, shall mean the water utility of the City of Fort Collins, Colorado.

Water main shall mean the principal arterial pipeline of the City's water distribution system also known as the street main or City main to which service lines may be connected.

(Code 1972, § 112-1; Ord. No. 165, 1986, § 1 (112-11(B)), 11-4-86; Ord. No. 61, 1993, § 2, 7-20-93; Ord. No. 8, 1996, § 12, 2-20-96; Ord. No. 211, 1998, § 8, 12-1-98; Ord. No. 130, 2002, §§ 33, 34, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 113, 2012, § 1, 11-6-12)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 26-42. Purpose.Go to the top

The purposes of this Article are to define the water utility of the City, to set forth the respective responsibilities of water service users and the utility and to promote the public health, safety and welfare of the community by providing for protection against cross-connections, acquisition of sufficient water rights as the City grows and develops, adequate water quantity and pressure for customer use and firefighting, water conservation and the equitable distribution among all users of the costs of expansion, replacement, maintenance and operation of facilities for the safe and efficient delivery of water to City residents and other water users.

(Ord. No. 165, 1986, § 1(112-11(A)), 11-4-86)

Sec. 26-43. Utility considered a City-owned enterprise.Go to the top

(a) The utility shall constitute an enterprise of the City which may, by ordinance of the City Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other obligations (including refunding securities) on behalf of the City, which revenue bonds or other obligations shall be payable solely from the net revenues (including special assessments) derived from the operation of the enterprise. Such revenue bonds or other obligations may be additionally secured by mortgages on or security interests in any real or personal property of the City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or other obligations shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the City Council.

(b) Any pledge of net revenues derived from the operation of the enterprise shall be subject to limitations on future pledges thereof contained in any ordinance of the Council authorizing the issuance of outstanding bonds or other obligations of the City payable from the same source or sources. All bonds or other obligations issued by ordinance of the City Council payable from the net revenues derived from the operation of the enterprise and all revenue bonds or other obligations issued by ordinance of the board of the enterprise payable solely from the net revenues derived from the operation of the enterprise shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources.

(c) The enterprise shall also be authorized to have and exercise the following powers in furtherance of its purposes: to hold meetings concurrently with regular or special meetings of the City Council, to have and use a seal, to issue its revenue bonds for water purposes in the manner in which City revenue bonds may be issued, to pledge any revenues of the City's water system to the payment of such revenue bonds and to pay such revenue bonds therefrom, to enter into contracts relating to the water system in the manner in which City contracts may be entered into, to make representations, warranties and covenants relating to the water system on behalf of the City, to exercise rights and privileges of the City relating to the water system and to bind the City to perform any obligation relating to the water system other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payments in all future years.

(d) All revenues and expenditures of the City or the enterprise relating to the water system shall be considered revenues and expenditures of the enterprise.

(Ord. No. 61, 1993, § 3, 7-20-93; Ord. No. 137, 1997, § 1, 10-7-97)

Sec. 26-44. Composition of the water utility.Go to the top

Except for private mains and that portion of the service line considered privately owned between the curb stop and the structure served, all water and water rights, waterworks and their appurtenances, fire hydrants, machinery, equipment and supplies used by the City to supply its water users with water, shall constitute the water utility.

(Code 1972, § 112-2; Ord. No. 165, 1986, § 1(112-12), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-45. Pollution of water supply prohibited.Go to the top

(a) It is unlawful for any person to cast, place, dump or deposit in any part of the City waterworks any substance or material which may injure or obstruct the same or tend to contaminate or pollute the water or obstruct the flow of water through utility facilities. For a distance of five (5) miles upstream from the point where the water supply is diverted, no person shall throw, cast, put or deposit any pollutant or contaminant into or in close proximity to the Cache la Poudre River or any of its tributaries or store or retain any offensive or unwholesome substance on any premises in such position that the substance or drainage therefrom may be carried by natural causes into the river or tributaries or permit to flow from any place or premises any foul or contaminating fluid into the river or tributaries.

(b) No person shall bathe or swim in or wash or bathe any animal or cause any animal to go into any of the waters constituting the waterworks or supply of the water utility.

(c) In addition to any other remedies provided by this Chapter, the City Attorney acting on behalf of the City Council may commence an action in a court of competent jurisdiction for temporary restraining orders and preliminary and permanent injunctions restraining any violation of this Section.

(Code 1972, § 112-8; Ord. No. 165, 1986, § 1(112-13), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-46. Tampering with fire hydrants or other utility appliance.Go to the top

It is unlawful for any unauthorized person to remove water from or otherwise tamper with fire hydrants or to trespass upon the property of the City and interfere in any manner with the operation of the water utility or alter the position of any valve or appliance regulating the flow of water in any public pipeline.

(Code 1972, § 112-5; Ord. No. 165, 1986, § 1(112-14), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-47. Interruption of service by utility.Go to the top

City water may at any time be shut off from the street main due to emergencies or for the purpose of making any connections or extensions of the water mains or to perform any other work necessary to repair and maintain the water utility. Notice will be given whenever reasonably possible. The City is not liable for any damages that may occur directly or indirectly on account of the City water being cut off for any purpose.

(Ord. No. 165, 1986, § 1(112-15), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-48. Authority to turn on water.Go to the top

No person other than a duly authorized employee of the City shall open or turn on any City water valve or curb stop regulating the flow of water from the City water mains to any premises, lot, building or house for any reason.

(Code 1972, § 112-27; Ord. No. 165, 1986, § 1(112-16), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-49. Service outside City limits.Go to the top

Persons outside the City limits may apply for connection to the water utility for use of surplus City water in accordance with the procedures and requirements in Article X of this Chapter and subject to the limitations set forth therein.

(Ord. No. 165, 1986, § 1(112-17), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93; Ord. No. 26, 2005, § 1, 3-15-05)

Sec. 26-50. Fluoridation.Go to the top

The City Council is authorized to fluoridate the water supply system of the City. The utility is directed to fluoridate its water to the levels established by the State Department of Public Health and Environment.

(Code 1972, § 112-125; Ord. No. 165, 1986, § 1(112-18), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93; Ord. No. 130, 2002, § 34, 9-17-02)

Cross-reference—Health and environment, Ch. 12.

Sec. 26-51. Discontinuance of water service.Go to the top

If any user of City water fails to pay the charges for water when due or fails to comply with this Article or uses water for purposes not authorized, the utility may without obligation discontinue water service until the water user has paid the required charges or is in compliance with the Code. Violation of this Article is a misdemeanor punishable upon conviction as provided in § 1-15.

(Code 1972, § 112-60; Ord. No. 165, 1986, § 1(112-19(A)), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93)

Sec. 26-52. Rules and regulations.Go to the top

The Utilities Executive Director may promulgate such rules, regulations, policies and procedures consistent with the provisions of this Article as the Utilities Executive Director may deem necessary for the proper administration of the water utility and the requirements of this Article, including the establishment of standard specifications for construction of service lines and other technical specifications as provided in § 26-29. Such rules and regulations are effective upon the approval by the City Council by ordinance and will have the same force and effect as provisions of this Chapter, and shall be enforceable pursuant to the terms of this Chapter and as provided in § 1-15 of this Code. A user's failure to abide by all effective rules, regulations, policies and procedures promulgated by the Utilities Executive Director is the same as a violation of this Article.

(Ord. No. 165, 1986, § 1(112-19(B)), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93; Ord. No. 8, 1996, § 13, 2-20-96; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 163, 2011, § 3, 12-6-11)

Sec. 26-53. Administrative appeal procedure.Go to the top

Any permit applicant, permit holder or other water user affected by any decision, action or determination made by the utility in interpreting or implementing the provisions of this Article or any programs developed under this Article may file an appeal in accordance with the procedures set forth in § 26-351.

(Ord. No. 165, 1986, § 1(112-67), 11-4-86; Ord. No. 61, 1993, § 3, 7-20-93; Ord. No. 160, 1994, § 1, 11-15-94)

Secs. 26-54—26-70. Reserved.

Division 2
Service Permits
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Sec. 26-71. Required.Go to the top

It is unlawful for any person to make any connection to any water main or pipeline belonging to the water utility unless a water service permit has been obtained pursuant to and in accordance with this Article. It is also unlawful to make any connections to any privately owned water mains or private service lines which are connected to the water utility, or to alter or replace any presently existing private main with pipe larger than that in use on the effective date of the ordinance from which this Article was derived without having first obtained a water service permit from the utility. Activities which require a permit include but are not limited to original connection within or without the City limits for normal municipal uses, reduction, enlargement or relocation of an existing tap for normal municipal uses, resuming water service after an existing tap has been deemed abandoned and altering in any way an existing tap for water service outside City limits.

(Code 1972, § 112-11; Ord. No. 165, 1986, § 1(112-21), 11-4-86)

Sec. 26-72. Failure to get permit; penalty.Go to the top

If any work requiring a permit is commenced without a permit first having been obtained, the Utilities Executive Director may immediately issue a stop-work order until the proper permit is obtained and the offender shall pay any additional penalties established and determined by the Utilities Executive Director. No building permit may be issued until all utility application requirements have been met.

(Ord. No. 165, 1986, § 1(112-22), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-73. Contents of application.Go to the top

Any person desiring to make a connection to the water utility or to use City water shall apply in writing to the utility for a water service permit prior to excavating, laying, altering, repairing or connecting any service line. The application shall set forth:

(1) The name, address and phone number of the owner of the premises to be served;

(2) The name, address and phone number of the applicant if the applicant is a contractor or agent and not the owner;

(3) A legal description of the premises to be served or designation of the lot, block and subdivision and common street address;

(4) The size of the tap and/or meter;

(5) The purpose for which the water is to be used; and

(6) Any other information which the Utilities Executive Director may deem necessary.

(Code 1972, § 112-14; Ord. No. 165, 1986, § 1(112-22), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-74. Conditions for granting permits.Go to the top

A permit will be granted if all of the following conditions are met:

(1) The application is complete and the connection will in all respects conform to the requirements of this Article;

(2) Any main to which the connection will be made has been completed and accepted by the City;

(3) The new or additional use of water will not adversely impact water users within the City limits and the applicant has satisfied all raw water requirements imposed by this Article;

(4) On the basis of the best information available at the time, there will be no cross-connections existing on the premises without an appropriate protective device satisfying the requirements of all applicable laws and regulations of the City and the State Department of Public Health and Environment;

(5) All required fees and charges have been paid or will be paid at the time of issuance of the corresponding building permit; and

(6) No permit issued under this Article is valid until all fees and charges required to be paid in advance have been paid in full.

(Code 1972, § 112-13; Ord. No. 165, 1986, § 1(112-23), 11-4-86; Ord. No. 130, 2002, § 34, 9-17-02)

Sec. 26-75. Contents of permit.Go to the top

The permit shall contain all of the information requested in the permit application as well as the fees, charges and assessments paid for the permit and any conditions imposed. It shall be signed and dated by the person authorized by the Utilities Executive Director to issue water service permits and by the applicant.

(Ord. No. 165, 1986, § 1(112-23), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-76. Revocation of permit; contractor responsibilities.Go to the top

(a) All connections authorized by the permit shall be made strictly in accordance with the terms and conditions of the permit and the requirements of this Article. The Utilities Executive Director may at any time revoke a permit because of defective work which has not been corrected promptly after the giving of written notice or because of failure to complete the work within the time limit specified in the permit.

(b) The owner's contractor or plumber shall be responsible for any and all work done pursuant to the permit regardless of whether the work is actually done by the contractor or by an authorized representative of the contractor. No further water service permits will be issued to any contractor or plumber who fails to promptly and satisfactorily remedy defective work after having been notified to do so by the Utilities Executive Director. No contractor or plumber shall use or allow the right-of-way license to be used in any way for the purpose of procuring a permit for work to be done by any person other than such licensee or an authorized representative of such licensee.

(Ord. No. 166, 1986, § 1(112-24), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-77. Turning on water to existing connection.Go to the top

Except where a service line has been deemed abandoned or the owner is violating this Article, the owner of premises served by an existing connection to the water utility may have water service resumed after it has been turned off by notifying the utility and paying the required turn-on fee, together with any delinquent charges which are a lien against the property. The owner is liable for all bills for water furnished to the premises after the date of request for resumption of service.

(Ord. No. 165, 1986, § 1(112-25), 11-4-86)

Sec. 26-78. Abandonment of service lines.Go to the top

(a) In the case where a property owner desires to permanently disconnect premises from the water utility or to abandon the existing service line, the corporation stop for the service line shall be permanently shut off at the main at the owner's expense. The excavation and disconnection work may be done only after a plan review by the City and the payment of an inspection fee. The City may require the owner to remove the service line and all appurtenances. The utility will not resume water service to the premises through a replacement line until the abandoned service line has been permanently disconnected.

(b) If the Utilities Executive Director receives notice from the Director of Building and Zoning or the State Department of Public Health and Environment that a structure has been condemned as not habitable or unsanitary and dangerous to human life, City water service shall be shut off at once and monthly charges will cease. The water service line shall be deemed abandoned and permanent disconnection may be required at the owner's expense.

(Ord. No. 165, 1986, § 1(112-26), 11-4-86; Ord. No. 130, 2002, §§ 11, 33, 34, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Secs. 26-79—26-92. Reserved.

Division 3
Service Distribution System
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Sec. 26-93. Construction of water mains.Go to the top

Specific provisions pertaining to the extension of water mains in the course of private development and public system improvements are set forth in Article V of this Chapter.

(Ord. No. 165, 1986, § 1(112-31), 11-4-86)

Sec. 26-94.  Individual service lines for each building required.Go to the top

(a)  Each property shall be served by its own service line, and no connection with the water utility shall be made by extending the service line from one (1) property to another property. Each building shall be served by a separate service line; however, the Utilities Executive Director may require that a building be served by more than one (1) service line. For purposes of this Section, the term building means a structure standing alone, excluding fences and covered walkways. A separate accessory structure is a separate building. To qualify as one (1) building, all portions, additions or extensions must be connected by an attachment that is an enclosed part of the building and usable by the occupants.

(b)  Notwithstanding the provisions of Subsection (a) of this Section, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) building by a single service line, provided that each of the following requirements is met:

(1)  The combined water use of the buildings shall not exceed the capacity of the service line and meter;

(2)  If the buildings are served by one (1) service line, the buildings shall be under single ownership; and no subsequent division of ownership, or subdivision of the property upon which the buildings are located, shall be permitted until separate service lines have been installed to each building.

(3)  If the service is for residential use, only one (1) of the buildings may be used as a residential dwelling unless the buildings are located on a single platted lot and one (1) of the buildings is a carriage house. For purposes of this Section, the term carriage house shall have the same meaning as in the Land Use Code.

(4)  Plant investment fees, raw water requirements and any other applicable charges required in connection with the additional building to which service is to be provided shall be remitted as provided in this Article. For a carriage house, additional plant investment fees and raw water requirements, as well as monthly meter rates and any other water-related charges, shall be determined based on the addition of a new dwelling unit on the property; and

(5)  A written covenant or other document signed by the owner of the property to be served and incorporating the requirements and limitations of this Section as a condition of service to said property, in a form provided by the Utilities Executive Director, shall be submitted to the Utilities Executive Director as a condition of approval, and shall be duly recorded at the office of the County Clerk and Recorder.

If the Utilities Executive Director should determine that the foregoing criteria have been met, a written permit shall be granted, which permit shall contain a listing of the foregoing requirements as a condition of continued service hereunder and specific reference to Subsection (a) of this Section requiring individual service lines for each building.

(c)  Notwithstanding the provisions of Subsection (a) above, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) property by a single, common, private water service line, provided that:

(1)  The properties to be served by the line must be single-family attached dwellings on separate platted lots as defined in the Land Use Code.

(2)  The combined water use of the properties may not exceed the capacity of the line.

(3)  No more than six (6) single-family attached dwellings may be connected to a line.

(4)  The line must include a separate branch line to each single-family attached property, and each branch line must include a curb stop that meets the requirements of the City Development Construction Standards. These private service curb stops must be exterior to the dwellings, within a utility easement that has been conveyed to the City and readily accessible and operable by City personnel. The private service curb stop shall be the City’s control point for that single-family attached dwelling.

(5)  The line beyond the City curb stop and all branch service lines including the private service curb stops must be owned, operated, maintained, repaired and replaced, as needed, by a legal entity representing all of the owners of the properties served by the line.

(6)  A written declaration of covenants in a form satisfactory to the Utilities Executive Director must be recorded against the title to each and every property served by a common private sewer service line imposing upon said property the responsibility for operation, maintenance, repair and replacement of the line, and establishing the right of the City to recover any costs incurred by the City in the event of a failure to satisfactorily complete any such operation, maintenance, repair or replacement of the line.

If the Utilities Executive Director determines that the foregoing criteria have been met, a written permit shall be granted, which permit shall contain a listing of the foregoing requirements as a condition of continued service hereunder and specific reference to Paragraph (c)(6) above imposing shared responsibility for operation, maintenance, repair and replacement of the common private service line, shall be signed by the Utilities Executive Director, and shall be duly recorded at the office of the County Clerk and Recorder.

(Code 1972, § 112-20; Ord. No. 165, 1986, § 1(112-32), 11-4-86; Ord. No. 77, 1987, 5-19-87; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 019, 2012, § 1, 3-20-12; Ord. No. 069, 2014, § 1, 5-20-14)

Sec. 26-95.  Installation and maintenance of service lines; user responsibilities; liability.Go to the top

(a)  Installation. All costs and expenses incidental to the installation and connection of a water service line, including, but not limited to, a common private water service line, shall be borne by the applicant for a water service permit who shall retain or employ a licensed contractor or plumber to install a service line. For the installation of that portion of any service line within the public right-of-way or street, the contractor or plumber shall also be licensed by the City under Article XI of this Chapter. The utility may install the portion of the service line from the main to the curb stop upon payment of a tap charge by the applicant. The applicant is responsible for restoring streets, sidewalks, parkways and other property disturbed in the course of the work to acceptable City standards after the connection is made.

(b)  Maintenance. The owner of any property connecting to the water utility is responsible for the installation and maintenance at the owner's own expense and risk of the water service line from the curb stop, or the property line in the absence of a curb stop, to the structure being served and all other water pipes, machinery and apparatus which may be required for applying and utilizing City water on the property. The owner shall keep the private service line in good and safe condition and, at the owner's expense, shall keep all pipes, fixtures and appliances on the property tight and in good working order to prevent waste of water. The owner is responsible for all leaks or damages on account of leaks from the private service line and other apparatus within the property served.

(c)  Liability. The City is not responsible for any loss or damage caused by negligence or want of care on the part of the owner or the contractor or agent in installing, maintaining, using or operating private service lines and private water pipes, apparatus, appliances or fixtures, including, but not limited to, any common private water service line. The owner of, and owner of property served by, such lines, pipes, apparatus, appliances or fixtures, shall hold the City harmless from any loss or damage that may directly or indirectly be occasioned by the installation or malfunction of any private service line or apparatus. The owner is responsible for the costs of repairing or replacing adjacent sidewalks, curbs and gutters and other public infrastructure damaged by the settling of service line trenches within such owner's property. The owner of, and owner of property served by, a common private water service line is responsible for the costs of repairing or replacing adjacent sidewalks, curbs and gutters and other public infrastructure damaged by the settling of any trench of such common private water service line.

(d)  Permission required. No alteration of, addition to or disconnection from any waterpipes or apparatus of the City water system and no alteration of, addition to, or disconnection from any common private water service line connected to the City water system shall be made without prior written permission of the Utilities Executive Director.

(e)  Compliance. It is unlawful for any person connected to the water utility to permit any other person to take or use water from such person's water service for use on property not connected to the water utility, except by the prior written consent of the Utilities Executive Director. Irrigation taps on service lines between the main and water meters are prohibited.

(Code 1972, §§ 112-19, 112-21; Ord. No. 165, 1986, § 1(112-33), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 069, 2014, § 2, 5-20-14)

Sec. 26-96.  Maintenance responsibility of utility.Go to the top

The utility shall maintain all public water facilities and mains, public service lines, fire hydrants, other public system appurtenances and water meters. However, if the portion of the service line in use between the water main and the curb stop is made of materials other than copper or ductile iron, then the entire service line will be deemed to be a private main of the premises serviced by the line, and the City will not be responsible for any part of its maintenance until such time as the line is replaced with conforming materials pursuant to Subsection 26-97(a) below and any regulations promulgated thereunder. The utility is not responsible for maintenance of common private water service lines.

(Ord. No. 165, 1986, § 1(112-34), 11-4-86; Ord. No. 069, 2014, § 3, 5-20-14)

Sec. 26-97.  Water service lines; general regulations.Go to the top

(a)  Specifications, design and construction. The design, number, location, depth and size of all service lines, including, but not limited to, common private water service lines, shall be subject to the approval of the Utilities Executive Director. The size, depth, alignment and materials of construction of such service line and the methods to be used in excavating, placing of the pipe, jointing and testing and backfilling the trench and all other work shall conform to the Water Utilities Development Construction Standards adopted pursuant to § 26-29 of this Chapter and the requirements of the building and plumbing codes or other applicable codes, laws, rules and regulations of federal, state and local entities. In the event of a conflict, the Water Utilities Development Construction Standards shall control. All work concerning the installation or repair of service lines and their appurtenances, including, but not limited to, any common private water service line, is subject to inspection by the City.

(b)  Connection specifications. The connection of the service line to the public water system or to a common private water service line shall conform to the specifications and regulations of the City, including, but not limited to, the Water Utilities Development Construction Standards adopted pursuant to § 26-29 of this Chapter, and shall only be made by or under the supervision of the Utilities Executive Director. All such connections shall be made watertight.

(c)  Materials. In the case where the service line between the water main and the premises has been deemed a private main because it is made of materials other than ductile iron or copper, it shall be replaced by copper or ductile iron lines at the expense of the user when, in the opinion of the Utilities Executive Director, such line has become so disintegrated as to be unfit for further use. Once such a line has been replaced with the required materials, it becomes part of the water utility, and the utility will assume the maintenance of the service line between the water main and the curb stop the same as for any public service line. This provision shall not apply to a common private water service line.

(Code 1972, §§ 112-16, 112-17; Ord. No. 165, 1986, § 1(112-35), 11-4-86; Ord. No. 122, 1990, § 1, 124-90; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 163, 2011, § 4, 12-6-11; Ord. No. 069, 2014, § 4, 5-20-14)

Sec. 26-98. Water meter requirements and installation.Go to the top

(a) Water meters shall be required for the following services:

(1) All water services to residential users connected to the utility pursuant to a water services permit issued on or after July 1, 1990;

(2) All water services to nonresidential users; and

(3) All water services to residential and nonresidential users outside the corporate City limits.

(b) Water meters shall also be required for water services to residential users connected to the utility prior to July 1, 1990, as provided in Subsection (c) of this Section.

(c) A residential user having water service connected to the utility prior to July 1, 1990, that does not have an installed water meter shall allow the utility to install a water meter for such user's residential water service on or before the date set by the Utilities Executive Director as provided in this Subsection. The Utilities Executive Director shall establish for each affected residential unit, in accordance with the criteria in Subsection (d) of this Section, a date by which such unit must receive water services from the utility through an installed water meter. The utility shall notify the residential user of this date by sending by first class mail a written notice to the user at the address of the affected residential unit. Such notice must be mailed to the residential user at least fourteen (14) days prior to the date stated in the notice by the Utilities Executive Director as the date by which the water meter must be installed. Upon receiving such notice, the residential user shall follow the instructions in the notice by calling the utility to schedule the installation of the water meter by the required date. If the residential user fails to schedule or allow the utility to install the water meter by the required date, the residential user shall be deemed in violation of this Section and subject to the penalty provisions of Subsection (j) of this Section.

(d) In setting the dates for the installation of water meters pursuant to Subsection (c) of this Section, the Utilities Executive Director shall be guided by the following criteria:

(1) Dates shall be set so as to satisfy the requirements of the Colorado Water Metering Act (Section 37-97-101 et seq., C.R.S.), but irrespective of the provisions of the Act, all residential water services connected to the utility must be required to be metered on or before December 31, 2005.

(2) Dates for the installation of water meters shall be set for residential units in the following order, meaning the earliest required dates for installation shall be set for the first group of residential units listed below and progressing over time down the list to the last group of residential units for which the latest such dates shall be set:

a. Residential units located in the City west of Taft Hill Road;

b. Residential units located in the City east of Taft Hill Road and west of Shields Street;

c. Residential units located in the City east of Shields Street and west of College Avenue;

d. Residential units located in the City east of College Avenue and west of Lemay Avenue; and

e. Residential units located in the City east of Lemay Avenue.

(3) Dates shall be set so as to make reasonably effective and efficient use of the City's resources available for the installation of water meters.

(e) A residential user that is receiving unmetered water service from the utility, but is not yet required by this Section to have an installed water meter, may elect to have a water meter installed by and at the expense of the utility upon application to the utility for such installation. Any such election by a residential user to install a water meter shall be permanent and the user may not elect in the future to return to unmetered service.

(f) Unless the utility elects to install the water meter outside of the user's residential unit, all water meters shall be installed inside the user's residential unit at the expense of the utility. In addition, a water meter may be installed outside of the residential unit at a user's request if the user first agrees in writing to pay to the utility, after the installation, the difference between the utility's established cost to install the water meter inside the residential unit and the utility's actual cost to install the water meter outside of the residential unit.

(g) If, during the installation of a water meter outside of a user's residential or nonresidential unit, it is determined that the water service line does not conform to the provisions of § 26-97, the entire cost of repairing or replacing such water service line shall be borne by the user.

(h) All water meters and setting devices shall be of a type, size and design approved by the Utilities Executive Director and furnished by the utility.

(i) The water meter is the property of the water utility. The utility shall maintain, test and repair all meters as necessary. A meter may be inspected at any reasonable time by the utility.

(j) It shall be unlawful for a user not to have an installed water meter when required to have one pursuant to this Section. Each day that a user fails to have an installed water meter when required to have one pursuant to this Section shall be deemed a separate and distinct violation. Failure of a user to have an installed water meter when required to have one pursuant to this Section shall also constitute a violation that subjects the user to discontinuance of water service in accordance with § 26-51.

(Code 1972, §§ 112-33, 112-34, 112-36, 112-38; Ord. No. 165, 1986, § 1(112-36), 11-4-86; Ord. No. 122, 1990, § 2, 12-4-90; Ord. No. 133, 1991, 12-3-91; Ord. 135, 1997, § 1, 9-2-97; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-99. Meter interference; damages.Go to the top

(a) It is unlawful for any person to tamper or interfere with any meter or meter seal or to so arrange the water service or piping so that the use of water will not actuate the meter. The cost of repairing bypass damage and any other damage to the water meter caused by the metered water user shall be borne by the user and added to and considered a part of the charge for water service.

(b) The utility will discontinue water service immediately to any user who violates the provisions of this Section until the user has paid for all water used and all repairs to the meter.

(c) No person shall make any tap or install any device or plumbing connection within the meter pit or set without written permission from the Utilities Executive Director.

(Code 1972, § 112-39; Ord. No. 165, 1986, § 1(112-37), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-100. Fire lines.Go to the top

The materials and size of a fire line shall be as required by the design of the emergency fire sprinkler system in accordance with the City's fire prevention code. The general regulations of this Article governing the installation, inspection and maintenance of service lines shall also apply to fire lines except that no meter set or water meter need be installed. The owner is responsible for the maintenance of the line from its control valve to the structure served. No water service permit is required for a fire line but installation of a fire line is subject to prior utility approval of plans. The utility may install a fire line upon payment of a tap charge by the user. Mylar reproducible "as-built" plans, showing the location of the fire line and bearing the registered civil engineer's seal and number, shall be submitted to the utility after completion of installation and prior to the issuance of a certificate of occupancy. Installation of a backflow prevention device in the fire line may be required in accordance with the cross-connection control provisions in § 26-186 et seq.

(Ord. No. 165, 1986, § 1(112-38), 11-4-86)

Secs. 26-101—26-115. Reserved.

Division 4
Fees and Charges
*Go to the top

Sec. 26-116. Permissible fees and charges.Go to the top

The utility may adopt fees and charges which may include, but need not be limited to, the following:

(1) Fees for turning water on or off at the curb stop;

(2) Fees for permit applications;

(3) Fees for connection, repairs and disconnection of service lines;

(4) Fees for inspections, surveys, development and expansion;

(5) Standby fees;

(6) Plant investment fees;

(7) Meter installation charges;

(8) Water pumping station surcharges; and

(9) Other fees and charges as the utility deems necessary to cover costs of inspections, testing, maintenance and operations required by this Article.

(Ord. No. 165, 1986, § 1(112-41), 11-4-86; Ord. No. 138, 1988, § 1, 10-18-88)

Sec. 26-117. Turn on/off fee.Go to the top

The charge for turning the water service to a premises on or off at the curb stop shall be as prescribed in § 26-129.

(Code 1972, § 112-51; Ord. No. 165, 1986, § 1(112-42), 11-4-86)

Sec. 26-118. Determination of user rates.Go to the top

(a) The City Manager shall analyze the operating and financial records of the utility during each calendar year and recommend to the City Council user rates or adjustments to be in effect for the following year. The recommendation shall be based on the actual cost of providing City water to users connected to the water utility including the treatment, distribution, administration, billing and capital improvement costs and on such considerations as the number of users and the estimated water demand for a typical user within a rate category. Recommended user rates may also include a conservation gallonage charge or other rate component that creates an economic incentive to conserve water.

(b) The rate categories for water users and the basis for determination of monthly charges for each category are as follows:

(1) Metered water use. Charges for metered water service consist of a monthly base charge, which varies with the number of dwelling units for residential customers and the size of the meter for nonresidential customers, and a quantity charge per one thousand (1,000) gallons of water use. The quantity charge may vary by customer class and may increase based on monthly usage or on a seasonal basis. For those customers served by more than one (1) meter, the appropriate base charge shall be applied to each meter. Monthly base charges shall be billed to each meter in use regardless of whether any quantity charge is made.

(2) Users outside the City limits. The monthly rate for water taken through a meter by a user outside of the City limits shall be as set forth in Subsection 26-127(d).

(c) In addition to the monthly service charges set forth in §§ 26-126 and 26-127, there shall be a charge for payments in lieu of taxes. The charge shall be six and zero-tenths (6.0) percent of said monthly service charges billed pursuant to said §§ 26-126 and 26-127.

(d) Upon approval by the City Council, the rates and parameters determined for each user category shall be set forth in the schedules prescribed in this Division.

(Code 1972, § 112-52; Ord. No. 165, 1986, § 1(112-43), 11-4-86; Ord. No. 132, 1989, § 1, 10-17-89; Ord. No. 166, 1994, § 1, 12-6-94; Ord. No. 69, 1997, § 1, 5-20-97; Ord. No. 204, 1998, § 1, 11-17-98; Ord. No. 166, 2002, § 1, 11-19-02; Ord. No. 152, 2003, § 1, 11-18-03; Ord. No. 148, 2013, § 1, 11-5-13)

Sec. 26-119. Charges in event of meter failure.Go to the top

If any meter should fail to properly register a customer's water use in any billing period, the user shall be charged according to the average quantity of water used by such customer in a similar period as shown by the meter when performing properly. In the case of a discrepancy between the readings at the remote readout and the head of the meter, the amount of water registered at the head of the meter governs. Additional charges or customer refunds related to a meter or meter readout malfunction will be made in accordance with § 26-721 and the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720.

(Code 1972, § 112-56; Ord. No. 165, 1986, § 1(112-44), 11-4-86; Ord. No. 173, 2006 § 1, 11-7-06; Ord. No. 121, 2009, § 1, 11-17-09)

Sec. 26-120. Water plant investment fees.Go to the top

(a) Any applicant desiring to connect to the water utility shall pay the utility a water plant investment fee (WPIF) pursuant to the schedule of fees prescribed by § 26-128 in addition to any other connection fees prescribed herein. Except to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution or except as provided in Subsection (f) of this Section, this fee shall be paid in full at the time the water service connection permit is issued. If there is an increase in plant investment fee rates between the time of application for a water service permit and the actual payment of fees, the fee rates in effect at the time of payment shall apply.

(b) The WPIF shall be based on and used for growth-related capital expansion costs of water supply, storage, transmission, treatment and distribution facilities and related factors. The fee shall vary with the number of dwelling units and the lot area served for residential users and with the size of the water meter for nonresidential users. The parameters and rates shall be reviewed by the City Manager annually and fees shall be presented to the City Council for approval no less frequently than biennially.

(c) No user of City water shall make any changes or additions to the property served that would significantly affect the nature or quantity of the use of water without first obtaining a new water service permit from the utility and paying the WPIF based on the new use. Such changes include without limitation the resumption of service by replacement of an abandoned service line, an increase in the size of the water meter, an increase in the number of dwelling units or the lot area to be served and a change from residential to nonresidential use.

(d) In the case where an existing service is being changed or replaced, the utility will credit the user an amount equal to the WPIF that would have been charged for the service before the change or addition, but if the credit so determined is less than the amount previously paid for a WPIF, the amount actually paid shall be allowed as the credit. No cash refund shall be paid to any water user whose allowable credit exceeds the new WPIF nor to any water user who obtains permission to decrease demand for service. If the existing service tap is less than three-fourths (¾) inch in diameter, the customer is credited for a three-fourths-inch tap or meter. The credits prescribed by this Subsection are not transferable. They shall apply only to the property served by the existing water service line and only to WPIF's owed to the utility and not to other utility fees or charges.

(e) Notwithstanding the provisions of Subsection (a) of this Section, if the applicant desiring to connect to the water utility is a City service area, department or division, or the Poudre Fire Authority, the Utilities Executive Director may waive payment of the WPIF if the Utilities Executive Director determines that the requested connection will not adversely affect the capacity of the water utility to treat and deliver water for its users. Any such connection authorized by the Utilities Executive Director shall only be operated at the time and for the duration as determined by the Utilities Executive Director. In addition, a connection authorized under this Subsection (e) may not be used during the period of May 1 through September 30 of any year unless the Utilities Executive Director determines that the applicant's use of the connection during such time period is necessary because the applicant's regular water supply has become unavailable during that period and the unavailability of the regular water supply will result in measurable economic damage to the applicant.

(f) In circumstances where a user has underpaid a WPIF as a result of a miscalculation of the user's WPIF, and the utility requires the user to pay the utility all or any portion of the difference between the corrected and miscalculated amounts of the WPIF, the Utilities Executive Director may allow the user to pay such amount over time under such reasonable terms and conditions as are approved by the Utilities Executive Director.

(g) No person shall knowingly provide the water utility with false, inaccurate or fraudulent information to be relied upon by the utility in calculating a user's WPIF.

(Code 1972, § 112-61; Ord. No. 165, 1986, § 1(11245), 11-4-86; Ord. No. 54, 1992, 5-19-92; Ord. No. 101, 2000, §§1, 2, 3, 9-5-00; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 104, 2004, § 2, 7-27-04; Ord. No. 133, 2005, § 1, 11-15-05; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-121. Reimbursement assessments.Go to the top

(a) Any applicant desiring to take and use City water for the first time on premises subject to a developer's reimbursement agreement with the City shall pay any front footage charges and adjustments assessed to the property on account of the developer's extension of the City main adjacent to the premises if the applicant's service line will be connected directly and not through an ancillary distribution line to such main and the applicant did not participate in the original cost of such extension. This fee shall be paid at the time the water service permit is issued in addition to all other connection charges. The applicant may not avoid payment of this charge by requesting connection to another main if the proposed service line is, in the opinion of the Utilities Executive Director, best capable of being connected to the main which is the subject of the reimbursement agreement.

(b) Except in the case of improvement districts organized pursuant to Chapter 22, when the utility extends a water main as a system improvement at City expense, the utility may require adjacent property owners to pay their share of the cost of the main before connecting to the main. The amount of the charge shall be based upon the length of the applicant's property fronting upon the water main or some other basis established or approved by the City Council and upon the original construction costs of the water lines, including costs for engineering, project administration, materials, labor and right-of-way acquisitions, plus an adjustment for inflation based on the construction cost index for Denver, Colorado, as published by "Engineering News Record." If the utility installs a main larger than that required to serve the water demands of the adjacent properties, the utility is responsible for the extra costs, and the adjacent owners shall not share in the portion of the cost attributable to the oversizing. The method of assessment shall be established at the time the installation of the main is authorized, and the payment of the assessment shall be collected at the time the water service permit is issued. This assessment is in addition to any WPIF.

(c) If water mains are installed through an improvement district, the City may pay the cost attributable to any property which cannot be assessed its full share of the cost of the mains because of the limitation based on value of property provided in § 22-90. The owner of such property who subsequently applies for connection to the water utility shall reimburse the City at the time of issuance of a water service permit for the balance of the property's assessment paid by the City.

(Ord. No. 165, 1986, § 1(112-46), 11-4-86; Ord. No. 64, 1995, § 1, 6-6-95; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-122. Tap charge.Go to the top

Where there is an existing main, the utility may install a fire line or the public service line for a water service permit applicant. The utility will impose a charge to cover its costs incurred in making the tap, including all labor, material and equipment costs, as well as an administrative charge for processing. This tap charge will be billed to the permittee after the work is completed.

(Code 1972, § 112-62; Ord. No. 165, 1986, § 1(112-47), 11-4-86)

Sec. 26-123. Surcharge for pumping stations.Go to the top

Water users connected to lines served by a water pumping station may be subject to a monthly surcharge to cover the costs of operating and maintaining the pumping station for their benefit.

(Ord. No. 165, 1986, § 1(112-48), 11-4-86)

Sec. 26-124. Water from fire hydrants.Go to the top

(a) A person requiring the use of bulk water from a fire hydrant may apply to the utility for a fire hydrant meter and pay the following charges:

(1) The fees established for installation and removal of the meter;

(2) Rental for the meter and fitting;

(3) A charge for the cost of the water used, calculated by multiplying the applicable water rate by the number of metered thousand gallons.

(b) The amount of the charges shall be as prescribed in § 26-129. The fire hydrant water user may be required to pay a deposit in the amount of the charges for estimated water use. Such user shall also pay the cost of repair if the fire hydrant or the meter and connection is damaged.

(Ord. No. 165, 1986, § 1(112-49), 11-4-86; Ord. No. 166, 1994, § 2, 12-6-94; Ord. No. 152, 2003, § 2, 11-18-03)

Sec. 26-125. Collection of unpaid charges.Go to the top

If any person fails or refuses to pay when due any fee or charge imposed under this Article, the Financial Officer may collect the unpaid amounts in accordance with any remedies permitted by this Code and any regulations promulgated thereunder.

(Ord. No. 165, 1986, § 1(112-50), 11-4-86)

Sec. 26-126.  Schedule A, flat rates for unmetered construction water use. Go to the top

For residential and nonresidential premises under construction with a planned meter size greater than one (1) inch, no flat unmetered water service will be provided. For residential and nonresidential premises under construction with a planned meter size of one (1) inch or less, the following flat rates will apply per month until the permanent meter is set:

¾-inch construction service, flat charge per month$26.91
1-inch construction service, flat charge per month51.31

(Code 1972, § 112-55; Ord. No. 165, 1986, § 1(112-70(A)), 11-4-86; Ord. No. 154, 1987, § 4, 10-20-87; Ord. No. 138, 1988, § 3, 10-18-88; Ord. No. 3, 1989, § 1, 1-17-89; Ord. No. 132, 1989, § 2, 10-17-89; Ord. No. 112, 1990, § 2, 10-16-90; Ord. No. 62, 1991, § 1, 6-4-91; Ord. No. 120, 1991, § 1, 11-19-91; Ord. No. 110, 1992, § 1, 11-17-92; Ord. No. 166, 1994, § 3, 12-6-94; Ord. No. 131, 1995, § 1, 11-7-95; Ord. No. 173, 1997, § 1, 11-4-97; Ord. No. 166, 1999, § 1, 11-16-99; Ord. No. 151, 2000, § 1, 11-7-00; Ord. No. 192, 2001, § 1, 11-20-01; Ord. No. 166, 2002, § 2, 11-19-02; Ord. No. 152, 2003, § 3, 11-18-03; Ord. No. 138, 2011, § 1, 11-1-11; Ord. No. 113, 2012, § 2, 11-6-12; Ord. No. 148, 2013, § 2, 11-5-13)

Sec. 26-127.  Schedule B, meter rates. Go to the top

(a)  Residential Rates.

(1)  Residential customers with one (1) dwelling unit.

a.  Base charge. Residential customers with one (1) dwelling unit shall pay a base monthly charge of fifteen dollars and forty-one cents ($15.41).

b.  Quantity charge. Residential customers with one (1) dwelling unit shall pay a monthly quantity charge as follows:

For the first seven thousand (7,000) gallons used per month, a charge of two dollars and thirty-eight and six-tenths cents ($2.386) per one thousand (1,000) gallons.

For the next six thousand (6,000) gallons used per month, a charge of two dollars and seventy-four and two-tenths cents ($2.742) per one thousand (1,000) gallons.

For all additional gallons used per month, a charge of three dollars and fifteen and four-tenths cents ($3.154) per one thousand (1,000) gallons.

(2)  Residential customers with two (2) dwelling units.

a.  Base charge. Residential customers with two (2) dwelling units shall pay a base monthly charge of sixteen dollars and thirty-one cents ($16.31).

b.  Quantity charge. Residential customers with two (2) dwelling units shall pay a monthly quantity charge as follows:

For the first nine thousand (9,000) gallons used per month, a charge of two dollars and seven and one-tenth cents ($2.071) per one thousand (1,000) gallons.

For the next four thousand (4,000) gallons used per month, a charge of two dollars and thirty-eight cents ($2.380) per one thousand (1,000) gallons.

For all additional gallons used per month, a charge of two dollars and seventy-three and nine-tenths cents ($2.739) per one thousand (1,000) gallons.

(3)  Residential customers with more than two (2) dwelling units.

a.  Base Charge. Residential customers with more than two (2) dwelling units shall pay a base monthly charge of eleven dollars and seventy-two cents ($11.72) for the first dwelling unit and three dollars and ninety cents ($3.90) for the second and each additional dwelling unit.

b.  Quantity charge. Residential customers with more than two (2) dwelling units shall pay a monthly quantity charge of one dollar and seventy and three-tenths cents ($1.703) per one thousand (1,000) gallons used in the winter season months of November through April. They shall pay a monthly quantity charge of two dollars and twelve and nine-tenths cents ($2.129) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge.

(b)  Nonresidential Rates.

(1)  Base charge. Nonresidential, except for special users as described in Subsection 26-127(c) below, customers shall pay a base monthly charge based on meter size as follows:

Meter Size (inches)Monthly Base Charge
¾$ 13.63
138.03
103.41
2155.85
3237.70
4373.17
6723.91
81,278.85

(2)  Quantity charges. Nonresidential customers shall pay a monthly quantity charge of one dollar and eighty-nine and seven-tenths cents ($1.897) per one thousand (1,000) gallons used in the winter season months of November through April. They shall pay a monthly quantity charge of two dollars and thirty-seven cents ($2.370) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal monthly quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer quantity charge.

(3)  Charges for excess use. Monthly water use in excess of the amounts specified in the following table shall be billed at two dollars and seventy-two and five-tenths cents ($2.725) per one thousand (1,000) gallons used in the winter season months of November through April. Monthly water use in excess of the amounts specified below shall be billed at three dollars and forty and eight-tenths cents ($3.408) per one thousand (1,000) gallons used in the summer season months of May through October. The meter reading date shall generally determine the seasonal billing excess quantity charge; however, no customer shall be billed more than six (6) full billing cycles at the summer excess quantity charge.

Meter Size (inches)Specified Amount (gallons per month)
¾100,000
1300,000
625,000
21,200,000
31,400,000
42,500,000

(c)  High Volume Industrial Rates. High volume industrial rates apply to any customer with an average daily demand in excess of two million (2,000,000) gallons per day. The specific rate for any qualifying customer shall be based upon the applicable peaking factor for that customer as follows:

Peaking FactorMonthly Charge per Thousand Gallons
1.00—1.09$1.490
1.10—1.191.540
1.20—1.291.590
1.30—1.391.640
1.40—1.491.690
1.50—1.591.740
1.60—1.691.790
1.70—1.791.840
1.80—1.891.890
1.90—1.991.950
> 2.002.000

(d)  Service outside the City. The monthly charge for water taken through a meter by a user outside the City limits shall be the same as for like service within the City limits as specified in Subsections (a) and (b) of this Section.

(e)  Rates by special water services agreement. The rate structure and associated charges for water service pursuant to a special water services agreement approved by the City Council pursuant to § 26-130 shall be as set forth in said agreement.

(Code 1972, § 112-55; Ord. No. 165, 1986, § 1(112-70(B)), 11-4-86; Ord. No. 3, 1989, § 2, 1-17-89; Ord. No. 132, 1989, § 3, 10-17-89; Ord. No. 112, 1990, § 3, 10-16-90; Ord. No. 120, 1991, § 3, 11-19-91; Ord. No. 34, 1992, § 2, 3-17-92; Ord. No. 88, 1994, § 1, 6-21-94; Ord. No. 166, 1994, § 4, 12-6-94; Ord. No. 131, 1995, § 2, 11-7-95; Ord. No. 173, 1997, § 2, 11-4-97; Ord. No. 204, 1998, § 2, 11-17-98; Ord. No. 166, 1999, § 2, 11-16-99; Ord. No. 151, 2000, § 2, 11-7-00; Ord. No. 192, 2001, § 2, 11-20-01; Ord. No. 166, 2002, §§ 3, 4, 11-19-02; Ord. No. 045, 2004, § 1, 3-16-04; Ord. No. 043, 2006, § 1, 3-21-06; Ord. No. 173, 2006, § 2, 11-7-06; Ord. No. 113, 2009, § 1, 11-3-09; Ord. No. 112, 2010, § 1, 11-16-10; Ord. No. 138, 2011, § 2, 11-1-11; Ord. No. 113, 2012, §§ 3, 4, 11-6-12; Ord. No. 148, 2013, §§ 3, 4, 11-5-13)

Editor's note—Ord. No. 112, 1990, § 3, amended § 26-17 "to read as follows." The ordinance did not address Subsection (c), which the editor has retained as still being in effect.

Sec. 26-128.  Schedule C, water plant investment fees. Go to the top

The water plant investment fee prescribed in § 26-120 shall be payable by users both inside and outside of the City, as follows:

(1)  Single-family residential buildings: For the first three-fourths-inch water tap or meter, a fee of seven hundred twenty dollars ($720.) for a single-family residence, plus thirty-two cents ($0.32) for each square foot of lot area. For a single-family residential lot greater than one-half (½) acre in size, the lot size shall be deemed to be one-half (½) acre for the purpose of this fee calculation. For each additional tap or meters larger than three-fourths (¾) inch, the nonresidential rate shall apply.

(2)  Residential buildings of two (2) or more dwelling units: For each residential building unit, a fee of five hundred forty dollars ($540.), plus twenty-five cents ($0.25) for each square foot of lot area. The fee will provide for one (1) tap per residential building and an adequate number of additional taps to serve common irrigable areas, if any. The number and size of taps shall be determined by the Utilities Executive Director based upon the criteria established in the Uniform Plumbing Code as amended pursuant to Chapter 5 of this Code.

(3)  Mobile home parks: For each mobile home park, a fee of five hundred forty dollars ($540.) for each mobile home space in the park, plus twenty-five cents ($0.25) for each square foot of lot area. The fee will provide for one (1) tap per mobile home park. The size of the tap shall be determined by the Utilities Executive Director based upon the criteria established in the Uniform Plumbing Code as amended pursuant to Chapter 5 of this Code.

(4)  Hotels, rooming houses, sororities, fraternities and similar uses: The nonresidential rate shall apply.

(5)  Nonresidential service:

a.  Service to all nonresidential taps, including, but not limited to, taps for commercial and industrial service, shall be charged according to the size of the meter pursuant to the following schedule:

Meter Size (inches)Nonresidential Plant Investment Fee
¾$ 7,000
119,050
41,600
264,410

b.  The fee for all meters larger than two (2) inches shall be negotiated with the Utilities Executive Director and shall be based on estimated peak day demand but shall not be less than the charge for a two-inch meter.

(Code 1972, § 112-55; Ord. No. 165, 1986, § 1(112-70(C)), 11-4-86; Ord. No. 147, 1990, § 1, 1-15-91; Ord. No. 134, 1998, 8-18-98; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 133, 2005, § 2, 11-15-05; Ord. No. 119, 2007, § 1, 11-20-07; Ord. No. 116, 2009, § 1, 11-3-09; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 139, 2011, § 1, 11-1-11; Ord. No. 149, 2013, § 1, 11-5-13)

Sec. 26-129.  Schedule D, miscellaneous fees and charges. Go to the top

(a)  Connection fees and service charges shall be as set forth in Subsection 26-712(b).

(b)  The fire hydrant fees and charges shall be as follows:

(1)  For installation of meter:  $43.00

(2)  For removal of meter:  43.00

(3)  For daily rental for meter and fittings:  8.60

(4)  For water service rate per one thousand

(1,000) gallons water used:  6.00

A deposit may be required in the amount of the charges for the anticipated water usage and rental.

(c)  The fees and requirements for raw water shall be as follows:

(1)  To satisfy raw water requirements with in-lieu cash payments, the rate per acre-foot of RWR is sixty-five hundred dollars ($6,500.).

(2)  The surcharge for water used in excess of applicable annual allotment shall be three dollars and six cents ($3.06) per one thousand (1,000) gallons.

(3)  The annual water allotment without surcharge, based on the minimum RWR shall be as follows:

Meter Size (inches)Annual Allotment (gallons/year)
¾293,270
1977,550
1,955,110
23,128,170
34,692,250
Above 3325,851 gallons per acre foot RWR

(d)  The tap and repair charges for materials and labor provided by the utility shall be the cost plus fifteen (15) percent.

(e)  The meter installation charges for materials and labor provided by the utility shall be the cost plus fifteen (15) percent.

(f)  The interest rate for water service-related loans shall be no less than the most current U.S. prime lending rate at the time of load origination plus two (2) percent and no more than the most current U.S. prime lending rate at the time of loan origination plus five (5) percent, per annum, with the interest rate for each loan to be set in accordance with the administrative rules and regulations of the Financial Officer pursuant to § 26-720.

(g)  Loan-related fees for water service-related loans shall be as follows:

(1)  For loan application: twenty-five dollars ($25.).

(2)  For loan origination: one hundred fifty dollars ($150.).

(Code 1972, § 112-55; Ord. No. 165, 1986, § 1(112-70(D)), 11-4-86; Ord. No. 92, 1987, 7-7-87; Ord. No. 138, 1988, § 2, 10-18-88; Ord. No. 3, 1989, §§ 3, 4, 1-17-89; Ord. No. 84, 1989, § 1, 5-16-89; Ord. No. 132, 1989, § 4, 10-17-89; Ord. No. 25, 1990, § 1, 4-3-90; Ord. No. 59, 1990, § 1, 7-3-90; Ord. No. 112, 1990, § 4, 10-16-90; Ord. No. 3, 1991, § 1, 2-5-91; Ord. No. 120, 1991, § 4, 11-19-91; Ord. No. 110, 1992, § 3, 11-17-92; Ord. No. 166, 1994, § 5, 12-6-94; Ord. No. 131, 1995, § 3, 11-7-95; Ord. No. 99, 1996, § 1, 8-6-96; Ord. No. 154, 1997, § 1, 11-4-97; Ord. No. 173, 1997, § 3, 11-4-97; Ord. No. 204, 1998, § 3, 11-17-98; Ord. No. 166, 1999, § 3, 11-16-99; Ord. No. 170, 1999, § 1, 11-16-99; Ord. No. 66, 2000, 6-20-00; Ord. No. 151, 2000, § 3, 11-7-00; Ord. No. 122, 2001, §1, 8-21-01; Ord. No. 192, 2001, § 3, 11-20-01; Ord. No. 166, 2002, § 5, 11-19-02; Ord. No. 152, 2003, § 4, 11-18-03; Ord. No. 033, 2012, § 2, 5-1-12; Ord. No. 148, 2013, § 5, 11-5-13)

Sec. 26-130. Agreements for special water services.Go to the top

(a) Special services or complex service arrangements that are beyond those required for basic water service may be arranged by a written services agreement which the Utilities Executive Director may negotiate and enter into on behalf of the water utility. Said agreement shall establish the terms and conditions for any such special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable. Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with § 6 of Article XII of the Charter.

(b) Special services in the form of loans for water service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter.

(c) Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with § 6 of Article XII of the Charter.

(Ord. No. 173, 2006, § 3, 11-7-06; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 033, 2012, § 3, 5-1-12)

Editor's note—Ord. No. 173, 2006, § 4, provides that the amendment to § 26-130 will become effective on January 1, 2007.

Secs. 26-131—26-145. Reserved.

Division 5
Water Rights
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Sec. 26-146. Reservation of rights by City.Go to the top

The City relinquishes no water or water right by permitting the use of water under the provisions of this Article and reserves the full right to determine all matters in connection with the control and use of City water.

(Ord. No. 165, 1986, § 1(112-56), 11-4-86)

Sec. 26-147. Grant of water rights; required.Go to the top

All owners of premises requesting original water service from the City shall, before being granted a water service permit, satisfy the assessed raw water requirement (RWR) as determined in this Division without cost to the City. The raw water requirements are as provided in this Division.

(Ord. No. 165, 1986, § 1(112-57(A)), 11-4-86)

Sec. 26-148. Raw water requirement (RWR); residential service.Go to the top

(a) Residential service for RWR shall include single-family, duplex, multifamily and mobile home dwelling units. The formula shall be:

RWR  =  1.92 x [(.18 x Number of Dwelling Units) + (1.2 x Net Acres)]

Where:

RWR = Raw water requirement in acre-feet.

Net acres = Area of development in acres, excluding public street rights-of-way, City-maintained tracts and rights-of-way, ditches, railways or other areas typically maintained by persons other than the owner of the premises or an agent of the owner. For a single-family residential lot greater than one-half acre in size, the lot size shall be deemed to be one-half acre for the purpose of this raw water requirement calculation.

(b) In the event an applicant applying for a residential water service permit has, prior to March 1, 1984, surrendered water rights or otherwise satisfied the requirements of the City under an earlier water development program, then the RWR for that property will be considered satisfied under this Section.

(Ord. No. 165, 1986, § 1(112-57(A)(1)), 11-4-86; Ord. No. 3, 1989, § 5, 1-17-89; Ord. No. 133, 2005, § 3, 11-15-05)

Sec. 26-149. Raw water requirement; nonresidential service.Go to the top

(a) Nonresidential service shall apply to all services not included in the residential category and shall include without limitation all commercial, industrial, public entity, group housing, such as nursing homes, fraternities, hotels and motels, and mixed-use customers.

(b) The minimum RWR for water meters up to three and zero tenths (3.0) inches in diameter are as follows:

Meter Size (inches)RWR (acre-feet)
¾.90
1.03.00
1.56.00
2.09.60
3.014.40

(c) The RWR for customers requiring a meter larger than three and zero tenths (3.0) inches, and for customers requiring two (2) or more meters, shall be determined by multiplying the applicant's estimate of peak annual use, or the total annual allotment for the meter or meters, whichever is greater, by one and ninety-two one-hundredths (1.92), provided that such estimate is first approved and accepted by the Utilities Executive Director.

(d) Upon application for a water service permit after March 1, 1984, each applicant who is a nonresidential user shall be assigned an annual allotment of water equal to the greater of the RWR as determined pursuant to this Section and any RWR that was satisfied at the time of application for nonresidential water service. Further, in the event that, pursuant to Subsection (f) below, a nonresidential user submits more raw water than required under the provisions of this Subsection, then the annual allotment shall be determined pursuant to said Subsection (f). When a user uses more water than the annual allotment, as determined by monthly billing records in a given calendar year, a raw water surcharge in the amount prescribed in § 26-129 will be assessed on the volume of water used in excess of the annual allotment.

(e) In the event an applicant applying for a nonresidential water service permit has, prior to March 1, 1984, surrendered water rights or otherwise satisfied the requirements of the City under an earlier water development program, then the minimum RWR for that property shall be considered satisfied under this Section. However, such nonresidential user shall be subject to the raw water surcharge when the annual allotment is exceeded.

(f) A nonresidential user may increase said user's annual allotment by submitting water rights, City certificates or cash in addition to the minimum required. Such submission, if made on or before December 31, 2007, shall be deemed to raise the user's annual allotment by an equivalent amount. Such submission, if made after December 31, 2007, shall raise the user's annual allotment by the amount of equivalent water rights submitted in acre-feet divided by one and ninety-two one-hundredths (1.92).

(Ord. No. 165, 1986, § 1(112-57(A)(2)), 11-4-86; Ord. No. 3, 1989, § 6, 1-17-89; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 175, 2004, § 1, 11-16-04; Ord. No. 119, 2007, § 2, 11-20-07; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-150.  Raw water requirements; satisfaction. Go to the top

(a)  The RWR imposed pursuant to this Division may be satisfied by one (1) or more of the following methods:

(1)  Water rights acceptable to the City may be transferred to the City. The Water Board determines which water rights are acceptable to the City and determines the appropriate conversion factors to be used in determining the yield from each of the acceptable sources. The determinations of the board are final and conclusive.

(2)  Water certificates issued by the City may be submitted in satisfaction of the RWR. The value of each certificate shall be as stated on the face of the certificate.

(3)  A cash payment in the amount prescribed in § 26-129 for each acre-foot of RWR may be made to the City.

(b)  The satisfaction of the minimum RWR shall be made no later than the time of issuance of the water service permit. An owner of water rights or City-issued water certificates may submit acceptable water rights and/or City-issued water certificates to the City, together with an application for a water service permit, and will be credited accordingly for raw water value to satisfy, in whole or in part, assessed RWR on such application for a water service permit. Once the water rights or City-issued water certificate have been designated to satisfy the RWR for water service for a particular premises, they shall not be transferred to another property.

(c)  In no case shall the fact that a portion of a property was previously served with City water excuse the furnishing of water rights when new water service is requested for other portions of the same property. In the event that a water user is required to apply for an additional water service permit under the provisions of this Article for premises already connected to the water utility, the user shall also be required to satisfy any increase in the assessment of RWR that results from the change in use or status, prior to the issuance of the new permit.

(Ord. No. 165, 1986, § 1(112-57(B)-(D)), 11-4-86; Ord. No. 117, 1996, § 6, 9-17-96; Ord. No. 28, 1998, § 5, 3-17-98; Ord. No. 119, 2007, § 3, 11-20-07; Ord. No. 171, 2013, 12-17-13)

Secs. 26-151—26-165. Reserved.

Division 6
Water Conservation
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Sec. 26-166.  Waste of water prohibited.Go to the top

(a)  It is unlawful to waste water obtained from the City in any manner. No person shall cause the waste of water, or knowingly fail to prevent the waste of water on property owned by or within the control of such person.

(b)  Waste of water shall mean any of the following:

(1)  the application of water to any of the following in a manner that results in pooling of water or a steady flow of water into storm drainage facilities, or onto streets, sidewalks, driveways or other impervious surfaces:

a.  any lawn, turf, sodded or landscaped area,

b.  an impervious surface, such as a patio, driveway, garage, or

c.  a vehicle or other structure or object;

(2)  the release of water from a leak, broken component or malfunction of a valve or controller, a sprinkler or other irrigation system, or a broken or malfunctioning outdoor plumbing fixture;

(3)  the application of water to an impervious surface, vehicle or other structure or object with a hose without the use of a hose nozzle designed to stay in the closed potion except when activated by hand pressure to permit the flow of water; or

(4)  the failure to comply with an order issued under Subsection (c) below.

(c)  If the Utilities Executive Director determines that there is a break, leak or malfunction of any indoor plumbing, fixture or equipment, or any water service line or related fixture or equipment at any premises to which the City provides water service, a written notice of such condition may be given by the City to the customer for such premises and the owner of the property, ordering that the break, leak or malfunction be repaired within the period of time specified in the notice and order. Such period shall be no less than twenty-four (24) hours. The order may require that water to a broken, leaking or malfunctioning water line be discontinued until repair has been completed, if necessary to prevent substantial loss of water.

(Code 1972, § 112-22; Ord. No. 165, 1986, § 1(112-61(A)), 11-4-86; Ord. No. 089, 2014 § 1, 7-1-14)

Sec. 26-167.  Water supply shortage response; emergency restrictions.Go to the top

(a)  Water supply shortage. The City Council shall adopt by ordinance a Water Supply Shortage Response Plan to establish conditions and restrictions to be used by the City Manager to manage the City's water supply in the event of projected shortages in supply. In the event the City Manager determines, based upon available estimates and projections of water supply quantity and quality, water storage capacity, water consumption and climatological forecasts, that restrictions on the use of water by City water customers are necessary in order to manage the availability of water for use in the immediate future or within the planning horizon for managing the City's water supply, the City Manager may determine the applicable water supply shortage response level and declare as applicable the associated water use restrictions, as set forth in the most recently adopted Water Supply Shortage Response Plan. The City Manager's declaration and order prescribing use restrictions shall be effective on the date specified in such order. The City Manager shall cause publication of any such order no less than once in a daily newspaper published in the City on or prior to the effective date. Such order of the City Manager shall continue in full force and effect until the City Manager has determined that the water supply shortage response level has changed or that the projected water supply shortage has ended, and a determination and order to that effect has been published in the same manner as for an initial declaration.

(b)  Emergencies. In the event of a major fire or any other emergency that requires the immediate curtailment of the use of City water, the City Manager is authorized to order any restrictions on use of City water as necessary for the protection of the public.

(Code 1972, § 112-25; Ord. No. 165, 1986, § 1(112-62), 11-4-86; Ord. No. 117, 1996, § 8, 9-17-96; Ord. No. 28, 1998, § 7, 3-17-98; Ord. No. 089, 2014 § 3, 7-1-14)

Sec. 26-168.  Obligation to comply; penalties.Go to the top

(a)  Affirmative obligation imposed. Any person with legal or actual control of any property, business or other establishment, water account or water system serving any of the same shall have an affirmative duty to cause said property, business or establishment, water account or water system to operate and act in a manner consistent with the restrictions and requirements of this Division and any restriction or requirement imposed pursuant to this Division.

(b)  Inconsistent covenants, deed restrictions and other clauses disregarded. No person shall impose or enforce, or seek to impose or enforce, private covenants, conditions, restrictions, deed restrictions or clauses, or other agreements that require any person to operate or maintain lawn or turf grass or any other property or establishment of any sort in a manner inconsistent with the terms of this Division or any restriction or requirement imposed pursuant to this Division.

(c)  Violation of plan or permit. No person shall violate the restrictions or requirements of any Water Supply Shortage Response Plan provision or emergency restriction that the City Manager has ordered into effect in accordance with this Section, or any permit issued thereunder.

(d)  Civil infraction. Any person found guilty of violating any provision of this Division or any restriction or requirement imposed pursuant to this Division, whether by acting in a manner declared to be unlawful or failing to act as required, commits a civil infraction and shall be subject to the penalty provisions of Subsection 1-15(f) of this Code, except that, notwithstanding the provisions of Subsection 1-15(f), minimum fines for violations of a Water Supply Shortage Response Plan restriction or requirement imposed pursuant to this Division shall be as set forth in said Plan as adopted.

(e)  Each day a separate offense. Each day during which a violation of any provision of this Division or any restriction or requirement imposed hereunder occurs or continue, shall constitute a separate offense.

(f)  Discontinuance of water service. Use of water provided by the City in violation of this Division or any restriction or requirement imposed hereunder shall constitute a violation of § 26-51 of this Chapter, for which the Utilities Executive Director may discontinue water service.

(Ord. No. 089, 2014 § 4, 7-1-14)

Sec. 26-169.  Conservation assistance, rebates and incentives.Go to the top

The utility may establish programs to assist customers or provide incentives to customers in order to reduce water consumption or system peak demands consistent with Council-adopted policy applicable to the utility. Such programs may include financial or technical assistance, incentives or rebates and shall be consistent with program objectives approved by the Utilities Executive Director.

(Ord. 057, 2009, 6-2-09; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 089, 2014 § 5, 7-1-14)

Secs. 26-170—26-185.  Reserved.

Division 7
Cross-Connection Control
*Go to the top

Sec. 26-186. Cross-connection prohibited; exception.Go to the top

(a) It is unlawful for any person to have a connection between a private line carrying well water and a line carrying City water or to make, install, maintain or permit to exist any other cross-connection between the City's or user's potable water system and any pipe, plumbing fixture, tank, receptacle, equipment or other appurtenance on the user's premises unless it is protected with a backflow prevention assembly approved by the City.

(b) No water connection to any premises shall be installed or maintained by the utility unless the potable water supply is protected as required by state laws and regulations and this Code. The Utilities Executive Director shall discontinue water utility service to any premises if it is found that an unprotected cross-connection exists on the premises or that a backflow prevention assembly required under this Section has not been installed and tested or that the required backflow prevention assembly has been removed, bypassed, improperly maintained or improperly tested. Service shall not be restored until such conditions or defects are corrected to the satisfaction of the Utilities Executive Director.

(Ord. No. 165, 1986, § 1(112-66(A), (B)), 11-4-86; Ord. No. 77, 1994, 6-7-94; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-187. Backflow prevention assembly.Go to the top

The extent of cross-connection control and the type of backflow prevention assembly to be required shall depend upon the degree of hazard presented by the cross-connection on the premises. When backflow prevention assemblies are required they shall be installed at the service connection or location designated by the Utilities Executive Director. The assembly shall be located so as to be readily accessible for in-line maintenance and testing and where no part of the assembly will be submerged.

(Ord. No. 165, 1986, § 1(112-66(C)), 11-4-86; Ord. No. 77, 1994, 6-7-94; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-188. Contamination prohibited.Go to the top

A user of City water is responsible for preventing pollutants and contaminants from entering the user's potable water system and the City's water system. A user's responsibility starts at the point of delivery of City water to the private service line and includes all of such user's water systems. A user shall install, operate, test and maintain backflow prevention assemblies at the user's expense as directed by the City or the State and keep accurate records of tests and repairs made to such assemblies in accordance with the provisions of this Section and any derivative rules, regulations, policies and procedures.

(Ord. No. 165, 1986, § 1(112-66(D)), 11-4-86; Ord. No. 77, 1994, 6-7-94)

Sec. 26-189. Prevention program.Go to the top

The City Manager is authorized and directed to conduct surveys as to the extent of cross-connection problems and establish a program to control and eliminate cross-connection hazards. The Council may, upon recommendation of the City Manager, adopt by ordinance such supplemental rules and regulations as may be necessary to implement and administer the cross-connection control program. It shall be unlawful for any person to violate any such rules and regulations enacted by the City Council pursuant to this Section.

(Ord. No. 165, 1986, § 1(112-66(E)), 11-4-86; Ord. No. 77, 1994, 6-7-94)

Secs. 26-190—26-205. Reserved.


ARTICLE IV.Go to the top
WASTEWATER**

Division 1
Generally
Go to the top

Sec. 26-206. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Act shall mean the Federal Water Pollution Control Act, P.L. 92-500 also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251, et seq.

Active service line shall mean an uncapped private sewer connected to the wastewater utility for premises to which water service has been turned on.

Administrative order shall mean an enforcement document that directs a user to undertake or to cease specified activities or to comply with other specific terms contained in the order, including, but not limited to, payment of an administrative fine.

Administrator shall mean the regional administrator of Region VIII of the U.S. Environmental Protection Agency.

Approval authority shall mean the Environmental Protection Agency or, upon delegation of authority under the act to the State of Colorado, if any, shall mean the Colorado Department of Public Health and Environment.

Authorized representative of the industrial user shall mean the following:

(1) If the industrial user is a corporation:

a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b. The manager of one (1) or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit or general permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the industrial user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3) If the industrial user is a federal, state or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his or her designee.

(4) The individuals described in Paragraphs (1) through (3) above may designate a duly authorized representative if the authorization is in writing, specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the industrial user, and the written authorization is submitted to the City.

Best management practices (BMPs) shall mean schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 C.F.R. § 403.5(a)(1) and (b) and § 26-332 of this Article. BMPs include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs shall constitute pretreatment standards when required or allowed as alternative means of complying with or in place of certain numeric pretreatment standards and effluent limits.

Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration such as in milligrams per liter.

Bypass shall mean the intentional diversion of waste-streams from any portion of an industrial user's treatment facility.

Categorical industrial user shall mean an industrial user subject to a categorical standard or categorical pretreatment standard.

Categorical standard or national categorical pretreatment standard shall mean any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Sections 307(b) and (c) of the act that apply to a specific category of industrial user and that appear in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471.

Cease and desist order shall mean an administrative order that directs a user to cease immediately any violation of the provisions of this Article, or of a permit or administrative order issued hereunder. The order may also temporarily suspend or permanently revoke a discharge permit.

Chemical oxygen demand (COD) shall mean the measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water, expressed as a concentration, such as in milligrams per liter.

Combined wastewater shall mean wastewater containing stormwater, infiltration or inflow which is ordinarily prohibited from entering public sanitary sewers in addition to sanitary and industrial wastewater.

Commercial discharger shall mean a discharger of nondomestic wastewater that is not classified as a significant industrial user.

Commencement of construction of a new source shall mean if the owner or operator has:

(1) begun, or caused to begin, as part of an onsite construction project either:

a. any placement, assembly or installation of facilities or equipment, or

b. significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or

(2) entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in its operation within a reasonable time. An option to purchase or contract that can be terminated or modified without substantial loss, or a contract for feasibility, engineering and design studies, does not constitute a contractual obligation under this definition.

Compliance date shall mean the final deadline by which a user is required to correct a violation of a prohibition or limitation or to meet a pretreatment standard or requirement as specified in a compliance schedule, industrial discharge permit or federal, state or local regulation adopting an applicable pretreatment standard.

Compliance order shall mean an administrative order that directs a user to comply with the provisions of this Article, or of a permit or administrative order issued hereunder, by a specific date. The order may contain a compliance schedule involving specific actions to be completed within specific time periods.

Compliance schedule or schedule of compliance shall mean an enforceable schedule specifying a date or dates by which a user must comply with a pretreatment standard, a pretreatment requirement or a prohibition or limitation and which may include increments of progress to achieve such compliance.

Composite sample shall mean a representative flow-proportioned sample collected within a twenty-four-hour period composed of a minimum of four (4) individual samples collected at two-hour intervals and combined according to flow.

Consent order shall mean an administrative order that is issued pursuant to an agreement between a user and the Utilities Executive Director usually containing a compliance schedule and stipulated fines, penalties or other remedial actions.

Contaminate shall mean to impair the quality of the waters of the State by wastes to a degree which creates a hazard to the environmental and/or public health through poisoning or through the spread of disease.

Contributor shall mean any person who contributes or causes the contribution or discharge of wastewater to the wastewater utility whether or not through a direct connection to a public sewer.

Control authority shall mean the City of Fort Collins.

Cooling water shall mean the water discharged from any use as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.

Daily maximum shall mean the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily maximum limit shall mean the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

Discharge shall mean the disposal of any liquid, solid or other material, including, but not limited to wastewater, holding tank waste, and water, by a wastewater utility user into the wastewater system of the City. Holding tank waste means any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, sealed vaults and vacuum-pump tank trucks.

Discharge rate shall mean that daily volume of effluent from a user's plant which has been determined by the Utilities Executive Director to be representative of the process effluent from the plant. Effluent volume is based upon metered water usage unless in the opinion of the Utilities Executive Director significant amounts of water are diverted and not discharged into the wastewater system.

Discharger shall mean any person who discharges or causes the discharge of wastewater to the wastewater utility.

Dissolved solids shall mean that concentration of matter in the wastewater that will pass through a forty-five hundredths micrometer pore size filter.

Domestic (sanitary) wastes or wastewater shall mean liquid and water-carried wastes from the noncommercial preparation and handling of food or containing human excrement and similar matter from toilets and the sanitary plumbing systems of dwellings, commercial buildings, industrial facilities and institutions.

Environmental Protection Agency (EPA) shall mean the United States Environmental Protection Agency or where appropriate the regional water management division director, the regional administrator or other duly authorized official of said agency.

Existing source shall mean any source of discharge that is not a new source.

Existing user shall mean an industrial user which is in operation at the time of promulgation of an applicable categorical standard, or at the time of the City's adoption of a new or more stringent pretreatment standard or other pretreatment requirement or as of the date of January 5, 1982, whichever is later.

Fats, oils and grease (FOG) shall mean any hydrocarbons, fatty acids, soaps, fats, waxes, oils and any other material that is extracted by Freon solvent.

Fecal coliform shall mean any number of organisms common to the intestinal tract of humans and animals whose presence in sanitary sewage is an indicator of pollution.

Flow shall mean volume of wastewater.

Garbage shall mean solid wastes from the domestic and commercial preparation and handling of food and from the storage and sale of produce.

Grab sample shall mean an individual sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

Health Department shall mean the Larimer County Department of Public Health and Environment.

Incompatible (nonconventional) pollutant shall mean any nontreatable waste product or pollutant including nonbiodegradable dissolved solids. Excluded from this definition are the conventional pollutants such as BOD, COD, FOG, TOC, SS, ammonia, pH and fecal coliform bacteria.

Indirect discharge shall mean the introduction of pollutants into the POTW from any nondomestic source.

Individual (private) wastewater disposal system shall mean a septic tank, cesspool or similar self-contained receptacle or facility which collects and/or treats or otherwise disposes of wastewater and which is not connected to the wastewater utility.

Industrial shall mean of or pertaining to industry, manufacturing, commerce, trade or business as distinguished from domestic or residential.

Industrial discharge permit shall mean the document issued to a significant industrial user by the City in accordance with the terms of this Article.

Industrial surcharge shall mean another name for wastewater strength surcharge.

Industrial user shall mean any user who is a source of an indirect discharge.

Industrial wastes or wastewater shall mean the liquid and water-carried wastes from industrial processes or discharged from industrial plants, including, but not limited to, wastewater from pretreatment facilities and polluted cooling water, as distinct from normal domestic strength wastewater.

Industrials shall mean of or pertaining to industry, manufacturing, commerce, trade or business as distinguished from domestic or residential.

Instantaneous limit shall mean the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and duration of the sampling event. An instantaneous limit may be imposed upon a discharge in addition to a daily maximum limit.

Interference (interfere) shall mean a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and, therefore, is a cause of a violation of the discharge limits or permit requirements applicable to the POTW or prevents use or disposal of sewage sludge in compliance with any applicable statutory or regulatory provisions.

Local limit shall mean a specific discharge limit developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 C.F.R. Sections 403.5(a)(1) and (b).

Mass limitations shall mean any EPA limit imposed pursuant to Section 307(b) of the act on discharge of pollutant mass or mass limits deemed necessary by the Utilities Executive Director to meet NPDES permit requirements.

Medical waste shall mean isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

Monthly average shall mean the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

Monthly average limit shall mean the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

National pollutant discharge elimination system (NPDES) shall mean the program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone and the oceans pursuant to Section 402 of the act.

National pollutant discharge elimination system permit (NPDES permit) shall mean a permit issued under the national pollutant discharge elimination system for discharge of wastewaters to the navigable waters of the United States pursuant to the act.

Natural (water) outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

New source shall mean any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which was commenced after the publication of proposed pretreatment standards under Section 307(c) of the act, that will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, provided that:

(1) the building, structure, facility or installation is constructed at a site at which no other source is located;

(2) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(3) the production or wastewater-generating process of the building, structure, facility or installation is substantially independent of an existing source at the same site. In determining such substantial independence, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located shall be deemed to result in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Paragraph (2) or (3) above, notwithstanding that it otherwise alters, replaces or adds to existing process or production equipment.

Noncontact cooling water shall mean water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product.

Nondomestic source shall mean any source that discharges wastewater or pollutants other than normal domestic-strength wastewater.

Normal domestic-strength wastewater shall mean wastewater which, when analyzed by standard methods, contains no more than two hundred fifty (250) mg/l of TSS, and three hundred (300) mg/l of COD, two hundred (200) mg/l of BOD, and/or one hundred (100) mg/l of TOC.

Notice of violation shall mean an official written communication from the Utilities Executive Director to a user that informs the user that it is in violation of the provisions of this Article, or of a permit or administrative order issued under this Article.

Pass through shall mean a discharge that exits the POTW into the waters of the United States in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

Person shall mean any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity (whether federal, state, local or other) or any other legal entity; or their legal representatives, agents or assigns.

pH shall mean the measure of the activity or alkalinity of a solution expressed as the logarithm (Base 10) of the reciprocal of the hydrogen ion concentration in moles or grams per liter of solution.

Plant investment fee (sewer) (SPIF) shall mean that charge assessed against new users of the wastewater system to finance capital improvement of the wastewater system.

Platinum cobalt scale shall mean the standard by which samples shall be compared by color. A standard unit of color is produced by one (1) mg/l of platinum in the form of chloroplatinate ion in solution.

Pollutant shall mean dredged spoil, dirt, slurry, solid waste, incinerator residue, filter backwash, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, disease causing agents, radioactive material, heat, wrecked or discarded equipment, rock, sand, automotive fluids, paint, cooking grease, or any industrial, commercial, household, medical waste, munitions, municipal or industrial waste and certain characteristics of wastewater, including pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor or any other characteristic regulated pursuant to the act or regulations promulgated thereunder.

Polluted water shall mean water, the quality of which through manmade or man-induced alteration of its chemical, physical, biological or radiological integrity, is less than the effluent criteria in effect or that would cause violation of receiving water quality standards and would be benefited by discharge to and treatment by the wastewater utility.

Pretreatment or treatment shall mean the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. This reduction or alteration may be obtained by physical, chemical or biological processes, or process changes by other means except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Any restrictions or requirements that are imposed as part of a zero-discharge permit shall be deemed to constitute pretreatment or treatment.

Pretreatment requirement shall mean any substantive or procedural requirement related to pretreatment imposed on an industrial user other than a pretreatment standard.

Pretreatment standards, or national pretreatment standards or standards, shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the act, that applies to industrial users, including, but not limited to, categorical pretreatment standards, prohibitive discharge standards, best management practices, and local limits established pursuant to 40 C.F.R. § 403.5.

Private sewer shall mean the same as service line.

Prohibitive discharge standard or national prohibitive discharge standard shall mean any absolute prohibitions against discharge of certain substances pursuant to Section 307(b) of the act and 40 C.F.R. § 403.5.

Public sewer shall mean the sewer main or other major street sewer in which all owners of abutting properties have equal rights and which is part of the wastewater utility subject to the control and maintenance of the City.

Publicly owned treatment works (POTW) shall mean a treatment works, as defined by Section 212 of the act, that is owned by the City. This definition includes any and all of the City's wastewater system, as that term is defined below.

Receiving water quality requirements shall mean requirements for the wastewater treatment plant effluent established by applicable state or federal regulatory agencies for the protection of receiving water quality. Such requirements include effluent limitations and waste discharge standards, requirements limitations or prohibitions which may be established or adopted from time to time by state or federal laws or regulatory agencies.

Receiving waters shall mean lakes, rivers, streams or other watercourses which receive treated or untreated wastewater.

RV wastewater shall mean domestic wastewater from a boat or a recreational vehicle such as a camper, motor home or trailer used for traveling or recreational activities.

Sanitary sewer shall mean a sewer which carries wastewater and to which storm, surface and ground waters are not intentionally admitted, including the pipe or conduit system and appurtenances for the collection, transportation, pumping and treatment of wastewater. This definition includes the terms public sewer, sewer system and collection line.

Septage waste or septic tank waste shall mean either liquid or solid material removed from a septic tank, cesspool, pit toilet, portable toilet, Type III marine sanitation device or similar treatment works that receives only domestic sewage, but shall not include RV wastewater that is pumped or drained directly from a boat or recreational vehicle into a properly permitted and operated RV dump station.

Service line (private sewer) shall mean a sewer commencing at and collecting wastewater from a structure or facility on property served by the wastewater utility and ending at the public sewer where the wastewater is contributed to the wastewater utility.

Severe property damage shall mean substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Sewage shall mean human excrement and gray water, including wastewater from household showers, dishwashing operations and other similar uses.

Sewer shall mean a pipe or conduit which collects and carries wastewater to a treatment plant.

Show cause order shall mean an administrative order that directs a user to appear at a hearing held before the Utilities Executive Director for the user to explain its alleged noncompliance with the provisions of this Article, or of a permit or administrative order issued hereunder, and to show cause why the Utilities Executive Director should not take enforcement action authorized under this Article against the user.

Significant industrial user shall mean the following:

(1) All industrial users subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F..R Chapter I, Subchapter N.

(2) Any other industrial user that: discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority as defined in 40 C.F.R. § 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 C.F.R. § 403.8(f)(6)).

(3) Upon a finding that an industrial user meeting the criteria in Subsection (b) of this Section has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority (as defined in 40 C.F.R. § 4.03.12(a)) may, at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 C.F.R. § 4.03.8(f)(6), determine that such industrial user is not a significant industrial user.

Significant noncompliance shall mean an industrial user who is in violation of one (1) or more of the following criteria:

(1) Chronic violations of wastewater discharge limits, defined as those in which sixty-six (66) percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including, but not limited to, instantaneous limits, as defined by 40 C.F.R § 403.3(1), for the same pollutant parameter;

(2) Technical review criteria (TRC) violations, defined as those in which thirty-three (33) percent or more of all of the measurements for a pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including, but not limited to, instantaneous limits, as defined by 40 C.F.R. § 403.3(1) for the same pollutant parameter, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(1) (daily maximum, long-term average, instantaneous limit, narrative standard or best management practice) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including, but not limited to, endangerment of the health of POTW personnel or the general public);

(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under Subsection§ 26-344(b) of this Article to halt or prevent such a discharge;

(5) Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction or attaining final compliance;

(6) Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7) Failure to accurately report noncompliance; or

(8) Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.

Significant violator shall mean a person who for at least forty-five (45) days after notification of noncompliance has failed to correct a violation of this Article or the industrial discharge permit or has engaged in a pattern of noncompliance over a twelve-month period or has failed to report an accidental discharge or other facts of noncompliance.

Sludge shall mean the accumulated solids separated from liquids such as water or wastewater during processing or deposits on bottoms of streams or other bodies of water or the precipitate resulting from chemical treatment, coagulation or sedimentation of water or wastewater.

Slug or slugload shall mean any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, or the discharge of any pollutant, or combination of pollutants, at a noncustomary flow rate or concentration that has a reasonable potential to cause interference or pass through, or in any way violates the POTW's regulations, local limits or permit conditions.

Standard industrial classification (SIC) shall mean a classification pursuant to the most recent edition of the "Standard Industrial Classification Manual" issued by the Executive Office of the President, Office of Management and Budget.

Standard methods shall mean procedures described in the most recent edition of "Standard Methods for the Examination of Water and Wastewater" as published by the American Public Health Association, American Water Works Association, and the Water Pollution Control Federation.

State waters shall mean any and all surface and subsurface waters which are contained in or flow in or through the State except waters in sewage systems, waters in treatment works or disposal systems, waters in potable water distribution systems and all waters withdrawn for use until use and treatment have been completed.

Storm sewer or storm drain shall mean a pipe, conduit or channel that carries only storm, surface and ground water drainage as distinct from a sanitary sewer or service line.

Stormwater shall mean any flow occurring during or following any form of natural precipitation and resulting therefrom.

Strength of wastewater shall mean the quality of wastewater discharged as measured by its elements, including its constituents and characteristics.

Suspended solids or total suspended solids (TSS) shall mean the total suspended matter expressed in milligrams per liter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering in accordance with procedures set forth in "Standard Methods."

Total organic carbon (TOC) shall mean the analytical measurement of organic carbon using methods specified in 40 C.F.R., Part 136, as amended.

Total solids shall mean the sum of suspended and dissolved solids.

Total toxic organics (TTO) shall mean the sum of the masses or concentrations of specific toxic organic compounds found in an industrial user's process discharge at a concentration greater than one-hundredth (0.01) mg/l. The specific toxic organic compounds measured are prescribed in the categorical standard applicable to the user.

Toxic shall mean the condition of water which after receiving the discharge of pollutants will cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions or physical deformations in organisms, animals or humans exposed to, inhaling near, ingesting or otherwise assimilating the water.

Toxic pollutant shall mean any pollutant or combination of pollutants listed as toxic in schedule A of this Article or in regulations promulgated by the administrator under the provisions of Section 307(a) of the act or of other acts or which creates a toxic effect in the receiving waters after discharge thereto.

Unpolluted water shall mean water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the wastewater utility.

Upset shall mean an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards or requirements because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

User shall mean any person who discharges, contributes, causes or permits the contribution or discharge of any liquid, solid or other material, including, but not limited to, wastewater into the wastewater utility.

User classification shall mean a classification of users based on the most recent edition of the "SIC Manual" prepared by the federal Office of Management and Budget.

Utility or enterprise, as used in this Article, shall mean the wastewater utility of the City of Fort Collins, Colorado.

Wastewater pretreatment facility shall mean any arrangement of devices or structures used for treating wastewater before it is discharged to the wastewater utility.

Wastewater (sewage) shall mean any liquid or water-carried industrial or sewage wastes, whether treated or untreated, including polluted cooling water from dwellings, commercial buildings, industrial facilities and institutions, that is contributed into or permitted to enter the wastewater system.

Wastewater strength surcharge shall mean the rate system used to charge intermediate nonresidential users and industrial users whose wastewater strength is higher than normal domestic strength in the parameters of BOD, COD, TOC or TSS.

Wastewater system, wastewater treatment system, wastewater works or wastewater utility shall mean any devices, facilities, structures, equipment or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes from within or without the City or necessary to recycle or reuse water at the most economical cost over the estimated life of the system including intercepting sewers, outfall sewers, collection lines, pumping, power and other equipment and their appurtenances and excluding service lines, extensions, improvements, additions, alterations or any remodeling thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works including the land and sites that may be acquired that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

Wastewater treatment plant or treatment plant shall mean that portion of the POTW that is designed to provide treatment or municipal sewage and industrial waste.

Watercourse shall mean any natural or artificial channel in which a flow of water occurs either continuously or intermittently.

Winter quarter water use shall mean the average monthly amount of water billed to the user during the preceding months of January, February and March.

Working day shall mean any day except Saturday, Sunday and any national, state or local holidays or days of observation during which the office of the utility is not open for regular business.

Zero-discharge permit shall mean an industrial discharge permit issued to a significant industrial user that would have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement if said user were to discharge its wastewater to the POTW without restriction. A zero-discharge permit requires specified actions, configuration of processes or other management or control of the industrial user's operations or wastestream so as to prevent the discharge of specified industrial wastewater or specified pollutants to the POTW.

(Code 1972, § 112-72(A); Ord. No. 166, 1986, § 1(112-71(A)), 11-4-86; Ord. No. 14, 1989, § 1, 2-21-89; Ord. No. 109, 1990, §§ 1, 2, 10-16-90; Ord. No. 114, 1991, § 1, 10-15-91; Ord. 6, 1993, § 1, 2-2-93; Ord. No. 62, 1993, § 2, 7-20-93; Ord. No. 39, 1994, § 1, 4-5-94; Ord. No. 160, 1994, §§ 1, 2, 11-15-94; Ord. No. 166, 1994, § 6, 12-6-94; Ord. No. 137, 1995, § 1, 11-21-95; Ord. No. 8, 1996, § 14, 2-20-96; Ord. No. 211, 1998, § 9, 12-1-98; Ord. No. 46, 2001, § 1, 4-17-01; Ord. No. 82, 2002, 6-4-02; Ord. No. 130, 2002, §§ 33, 34, 9-17-02; Ord. No. 094, 2004, § 1, 7-6-04; Ord. No. 062, 2007, § 1, 6-5-07; Ord. No. 020, 2010, § 1, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 26-207. Terms and abbreviations.Go to the top

The following terms and abbreviations when used in this Article shall have the meanings ascribed to them in this Section:

(1) Terms. Shall and will are mandatory; may is permissive. Terms not otherwise defined herein shall have the meanings adopted in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

(2) Abbreviations:

a. BOD shall mean biochemical oxygen demand;

b. C.F.R. shall mean Code of Federal Regulations;

c. COD shall mean chemical oxygen demand;

d. EPA (USEPA) shall mean United States Environmental Protection Agency;

e. FOG shall mean fats, oils and grease;

f. l shall mean liter;

g. LEL shall mean lower explosive limit;

h. mg shall mean milligrams;

i. mg/l shall mean milligrams per liter;

j. NPDES shall mean national pollutant discharge elimination system;

k. POTW shall mean publicly owned treatment works;

l. RCRA shall mean resource conservation recovery act;

m. RWR shall mean raw water requirements;

n. SIC shall mean standard industrial classification;

o. SPIF shall mean sewer plant investment fee;

p. SWDA shall mean Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.;

q. TOC shall mean total organic carbon;

r. TSS shall mean total suspended solids;

s. TTO shall mean total toxic organics; and

t. U.S.C. shall mean United States Code.

(Code 1972, § 112-67(C)(2)—(4); Ord. No. 166, 1986, § 1(112-71(B), (C)), 11-4-86; Ord. No. 6, 1993, § 2, 2-2-93)

Sec. 26-208. Purpose; application of Article.Go to the top

(a) This Article shall be known as the wastewater utility ordinance.

(b) It is necessary for the health, safety and welfare of the residents of the City to regulate the collection and treatment of wastewater to provide for maximum public benefit. This Article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system and enables the City to comply with all state and federal laws applicable to the treatment of wastes and discharge of clean and safe water.

(c) The objectives are to:

(1) Prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;

(2) Prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or that would otherwise be incompatible with the system;

(3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system;

(4) Provide for equitable distribution among users of the cost of the wastewater system; and

(5) Provide for and promote the general health, safety and welfare of the citizens residing within the City limits and downstream water users.

(d) This Article provides for the regulation of direct and indirect contributors to the wastewater system through the issuance of discharge permits to certain nondomestic users and through the enforcement of general requirements for all contributors, authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(e) The provisions of this Article are made for the benefit of the users of the wastewater utility, for the protection of the wastewater system and to protect the quality of effluent of the wastewater treatment plants. This Article shall apply to all persons and users of the wastewater utility whether within or without the City. Enforcement shall in no case be willfully ignored by any City official or employee.

(Code 1972, § 112-67(A)—(D); Ord. No. 166, 1986, § 1(112-71(A)—(D)), 11-4-86)

Sec. 26-209. Utility considered a City-owned enterprise.Go to the top

(a) The utility shall constitute an enterprise of the City which may, by ordinance of the City Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other obligations (including refunding securities) on behalf of the City, which revenue bonds or other obligations shall be payable solely from the net revenues (including special assessments) derived from the operation of the enterprise. Such revenue bonds or other obligations may be additionally secured by mortgages on or security interests in any real or personal property of the City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or other obligations shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the City Council.

(b) Any pledge of net revenues derived from the operation of the enterprise shall be subject to limitations on future pledges thereof contained in any ordinance of the Council authorizing the issuance of outstanding bonds or other obligations of the City payable from the same source or sources. All bonds or other obligations issued by ordinance of the City Council payable from the net revenues derived from the operation of the enterprise and all revenue bonds or other obligations issued by ordinance of the board of the enterprise payable solely from the net revenues derived from the operation of the enterprise shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources.

(c) The enterprise shall also be authorized to have and exercise the following powers in furtherance of its purposes: to hold meetings concurrently with regular or special meetings of the City Council, to have and use a seal, to issue its revenue bonds for wastewater purposes in the manner in which City revenue bonds may be issued, to pledge any revenues of the City's wastewater system to the payment of such revenue bonds and to pay such revenue bonds therefrom, to enter into contracts relating to the wastewater system in the manner in which City contracts may be entered into, to make representations, warranties and covenants relating to the wastewater system on behalf of the City, to exercise rights and privileges of the City relating to the wastewater system and to bind the City to perform any obligation relating to the wastewater system other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payments in all future years.

(d) All revenues and expenditures of the City or the enterprise relating to the wastewater utility system shall be considered revenues and expenditures of the enterprise.

(Ord. No. 62, 1993, § 3, 7-20-93; Ord. No. 62, 1995, § 1, 6-6-95; Ord. No. 111, 1996, § 1, 9-3-96; Ord. 039, 2010, § 1, 4-20-2010)

Sec. 26-210. Composition of the wastewater utility.Go to the top

All land sites, sanitary sewers, wastewater treatment works, their appurtenances, equipment, materials and supplies owned and used by the City to collect, treat and recycle wastewater from property within the City and property served by public sewers outside the City constitute the wastewater utility. The wastewater utility constitutes the publicly owned treatment works (POTW) for purposes of the act.

(Code 1972, § 112-68; Ord. No. 166, 1986, § 1(112-73), 11-4-86; Ord. No. 62, 1993, § 3, 7-20-93)

Sec. 26-211. Federal, State and City authority.Go to the top

For purposes of the Act, the Environmental Protection Agency, or upon delegation of state pretreatment authority to the State, the Colorado Department of Public Health and Environment, is the approval authority and the City is the designated control authority.

(Ord. No. 166, 1986, § 1(112-74), 11-4-86; Ord. No. 62, 1993, § 3, 7-20-93; Ord. No. 130, 2002, § 34, 9-17-02; Ord. No. 020, 2010, § 2, 7-20-10)

Sec. 26-212. Water Board.Go to the top

In addition to the duties prescribed by § 2-438 of this Code, the duties and functions of the Water Board shall include advising the City Council on policy matters pertaining to sewage and the sewage disposal system. In order to advise the City Council on policy matters pertaining to sewage and the sewage disposal system, the board is authorized to make such studies as it may deem necessary and advisable and to maintain contact with state and federal bodies having areas of concern which affect the sewage treatment ability of the City.

(Ord. No. 166, 1986, § 1(112-75), 11-4-86; Ord. No. 62, 1993, § 3, 7-20-93; Ord. No. 117, 1996, § 9, 9-17-96; Ord. No. 28, 1998, § 8, 3-17-98)

Charter reference—Water Board, Art. XII, § 7.

Sec. 26-213. Supervision of the wastewater utility.Go to the top

(a) The Utilities Executive Director shall be responsible for the supervision and management of the wastewater system and all of the utility property and appurtenances. The wastewater system shall be kept properly cleaned and in good working order and repair. The Utilities Executive Director shall manage the wastewater system for proper compliance with all local, state and federal regulations for collection, treatment and discharge of wastewater.

(b) The Utilities Executive Director may formulate and promulgate rules and regulations consistent with the provisions of this Article for the administration of the wastewater utility and the implementation of this Article, to become effective upon approval by the City Council by ordinance. The Utilities Executive Director shall have the authority to regulate the volume and flow rate of discharge to the wastewater system, to establish permissible limits of concentration for various specific substances, materials, waters or wastes that can be accepted into the wastewater system, to establish pretreatment requirements, to specify those substances, materials, waters or wastes that are prohibited from entering the wastewater system, to specify standards for installation of wastewater lines and services, as provided in § 26-29 of this Chapter, and to enforce local compliance with federal standards promulgated pursuant to the act.

(Code 1972, § 112-68(A); Ord. No. 166, 1986, § 1(112-76), 11-4-86; Ord. No. 62, 1993, § 3, 7-20-93; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 163, 2011, § 5, 12-6-11)

Sec. 26-214. Unsanitary disposal of wastes prohibited.Go to the top

(a) It is unlawful to discharge into or upon any public highway, watercourse or natural outlet, drain, cesspool, storm or private sewer or private property within the City or in an area under the jurisdiction of the City, any sanitary sewage, industrial wastes or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this Article and other local, state and federal laws.

(b) Except as authorized pursuant to Subsection 26-331(a) of this Code, stormwater and all other unpolluted drainage water shall only be discharged to such stormwater facilities as are specifically authorized for such discharge by the Utilities Executive Director; provided, however, that in no event shall nonstormwater runoff as defined in § 26-491 or water from natural springs be permitted to be discharged into or upon any street, sidewalk or gutter. Stormwater facilities shall be constructed and managed as provided in Article VII of this Chapter.

(c) No person shall use any water well within the City as a cesspool or as a place to deposit wastewater or wastes of any kind.

(Code 1972, § 112-68(B); Ord. No. 166, 1986, § 1(112-77), 11-4-86; Ord. No. 12, 1993, § 1, 2-16-93; Ord. No. 62, 1993, § 3, 7-20-93; Ord. No. 8, 1996, § 15, 2-20-96; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 020, 2010, § 9, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-215. Private wastewater disposal.Go to the top

(a) Prior to commencement of construction of an individual wastewater disposal system, the owner or agent shall first obtain written permission from the Utilities Executive Director for submission to the Department of Public Health and Environment.

(b) The owner or agent shall operate and maintain the individual wastewater disposal facilities at the sole expense of the owner or agent and in compliance with all federal, state and local laws, rules and regulations.

(c) The type, capacity, location and layout of an individual wastewater disposal system shall comply with all standards of the State Department of Public Health and Environment. No permit shall be issued for any individual wastewater disposal system employing subsurface soil absorption facilities where the area of the lot does not meet the regulations imposed by the Department of Public Health and Environment.

(d) The contents of privy vaults, septic tanks, cesspools, grease traps or outhouses within the City limits shall not be removed or transported through any street, alley or public place within the City except in a sanitary manner, through or by means of airtight tanks, if soft and mixed with water, or if solid or dry, then in tight-covered tanks in such manner as will prevent the escape of any noxious gases or offensive odors and preserve such contents from sight or exposure during transportation. No such contents shall be deposited or buried on any property within the City without the express written consent of the Utilities Executive Director. All tools, appliances and vehicles used in such cleaning and removal shall be kept and maintained in sanitary condition and shall be subject to inspection by the Department of Public Health and Environment.

(Code 1972, § 112-68(L); Ord. No. 166, 1986, § 1(112-78), 11-4-86; Ord. No. 14, 1989, § 2, 2-21-89; Ord. No. 62, 1993, § 3, 7-20-93; Ord. No. 130, 2002, §§ 33, 34, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-216. Interference with wastewater utility prohibited.Go to the top

It is unlawful for any person to break, damage, destroy, uncover, deface or tamper with any property, equipment or appliance constituting a part of the wastewater utility or to trespass upon the property of the City and interfere in any manner with the operation of the wastewater utility or the property, equipment, manholes, piping or appliances of the wastewater collection system and treatment facilities. No person shall open any public sewer manhole without the permission of the Utilities Executive Director or deposit any type of refuse into sewer manholes.

(Ord. No. 166, 1986, § 1(112-79), 11-4-86; Ord. No. 62, 1993, § 3, 7-20-93; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-217. Categorical pretreatment standards; preemption.Go to the top

(a) If the federal government issues federal categorical pretreatment standards for an industrial category that are more stringent than the standards prescribed by this Article, the federal standards immediately supersede the standards prescribed by this Article. The Utilities Executive Director shall notify all affected users of the applicable reporting requirements.

(b) State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this Article.

(c) The City may establish limitations or requirements on discharges to the wastewater system more stringent than federal and state requirements or limitations initially established in this Article as deemed necessary to comply with objectives of this Article.

(Code 1972, § 112-68(d); Ord. No. 166, 1986, § 1(112-81), 11-4-86; Ord. No. 114, 1991, § 2, 10-15-91; Ord. No. 62, 1993, § 3, 7-20-93; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-218. Service outside City limits.Go to the top

Persons outside the City limits may apply for connection to the wastewater utility for use of excess capacity of the treatment system in accordance with the procedures and requirements in Article X of this Chapter and subject to the limitations set forth therein.

(Ord. No. 166, 1986, § 1(112-82), 11-4-86; Ord. No. 114, 1991, § 2, 10-15-91; Ord. No. 62, 1993, § 3, 7-20-93; Ord. No. 26, 2005, § 2, 3-15-05)

Sec. 26-219. Inspections; right of access.Go to the top

(a) The Utilities Executive Director may inspect the equipment and facilities of any user at any reasonable time to ascertain compliance with applicable ordinances, rules and regulations. Persons or occupants of premises where wastewater is created or discharged shall allow utility personnel ready access to the premises for the purposes of inspection, sampling, records examination and copying, and performance of any of their duties. The utility shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance-monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make the necessary arrangements with the security guards so that, upon presentation of suitable identification, utility personnel will be permitted to enter without delay for the purposes of performing their specific responsibilities. While performing the necessary work on private property, utility personnel shall observe all security and safety rules applicable to the premises as established by the user.

(b) If a duly authorized representative of the utility is refused admission to a user's premises, the Utilities Executive Director may discontinue water or wastewater service to the premises until utility representatives have been afforded reasonable access to the premises and private sewer system to accomplish the inspection or sampling.

(Code 1972, § 112-75(E), (F); Ord. No. 166, 1986, § 1(112-141), 11-4-86; Ord. No. 109, 1990, § 3, 10-16-90; Ord. No. 114, 1991, § 2, 10-15-91; Ord. No. 62, 1993, § 3, 7-20-93; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11))

Secs. 26-220—26-235. Reserved.

Division 2
Service Applications, Requirements, Permits
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Sec. 26-236. Connection required.Go to the top

(a) The owner of any structure used for human occupancy, employment or activity situated within the City may be required at such owner's expense to connect the structure to a public sewer if such a public sewer is within four hundred (400) feet of the property line of the property upon which the structure is located. The connection shall be made within ninety (90) days after written notice from the Utilities Executive Director is served on the owner of the property affected. If compliance with this Section would cause severe economic hardship to the owner served with notice and the owner is a residential user, the owner may apply to the City for exemption from this Section. The application shall state in detail the circumstances which are claimed to cause the economic hardship. If severe economic hardship is found to exist and the Department of Public Health and Environment consents, an exemption shall be granted but only for such time as the demonstrated hardship exists.

(b) If a public sewer is not available within four hundred (400) feet of the property line of the property upon which a house or building is located, a private sewage disposal system shall be constructed in accordance with applicable regulations of the Department of Public Health and Environment.

(c) At such time as a public sewer becomes available within four hundred (400) feet of the property line of a property served by a private sewage disposal system, the owner may be required to connect with the public sewer as provided in (a) of this Section. After connection is completed, the private sewage disposal system shall be emptied, cleaned and filled with sand or dirt.

(Code 1972, § 112-70(F); Ord. No. 166, 1986, § 1(112-86), 11-4-86; Ord. No. 130, 2002, §§ 33, 34, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-237. Unlawful to connect without permit.Go to the top

It is unlawful for any person to contribute, deposit, discharge or cause to be contributed, deposited or discharged to any City wastewater collection facility, any solid or liquid waste unless through a connection made or supervised and approved by the City. No person shall make any connections with or opening into a public sewer or its appurtenances or alter, repair or reuse an existing private sewer or change the category of use of an existing private sewer without first having obtained a sewer connection permit for the new or altered use. Changes in the use of a private sewer may also require obtaining an industrial discharge permit as provided in Division 6 of this Article.

(Code 1972, § 112-71(A); Ord. No. 166, 1986, § 1(112-87), 11-4-86)

Sec. 26-238. Contents of application; requirements.Go to the top

(a) Any person desiring to make or alter a connection to the wastewater utility or to in any way contribute wastewater to any of its collection or treatment facilities shall apply in writing to the utility for a connection permit prior to commencing any work related to excavating, laying, altering, repairing or connecting any service line. The application shall set forth:

(1) The name, address and phone number of the owner of the property to be served;

(2) The name, address and phone number of the applicant, if the applicant is a contractor or plumber and not the owner;

(3) A legal description of the premises to be served or designation of the lot, block and subdivision number and common street address;

(4) The size of the tap;

(5) The nature of the wastewater to be discharged and if the premises are to be used for industrial purposes, the applicant shall also apply for an industrial permit and provide the information required by § 26-308 et seq.; and

(6) Any other information which the Utilities Executive Director may deem necessary.

(b) If any work requiring a permit is commenced without a permit first having been obtained, the Utilities Executive Director may immediately issue a stop-work order until the proper permit is obtained and the offender shall pay any additional penalties determined and established by the Utilities Executive Director. No building permit shall be issued until all utility application requirements have been met.

(Code 1972, § 112-71(B), (C); Ord. No. 166, 1986, § 1(112-88), 11-4-86; Ord. No. 114, 1991, § 4, 10-15-91; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-239. Conditions for granting permits.Go to the top

(a) A sewer connection permit will be granted if all of the following conditions are met:

(1) The application is complete and the connection will in all respects conform to the requirements of this Article;

(2) Any main and service line stub to which the connection will be made has been accepted by the City or if there is no existing service line stub, the work within the public right-of-way will be performed by a licensed and bonded contractor or plumber who is also licensed by the City pursuant to Article XI of this Chapter;

(3) The new or altered connection will not adversely impact other persons whose property has been or may be connected with the same public sewer;

(4) If the connection for new construction is to be made through an existing service line, the service line conforms to the requirements of this Article;

(5) Any industrial use of the premises to be served by the connection is conditioned on the application for an industrial discharge permit pursuant to § 26-308 et seq., or on the basis of the best information available at the time. There will be no industrial use conducted on the premises in violation of any pretreatment requirements and the owner agrees for self and tenants or successors in interest to apply for an industrial discharge permit for any industrial use;

(6) All required fees, charges and assessments have been paid or will be paid at the time of issuance of the corresponding building permit. No permit issued under this Article is valid until all fees, charges and assessments required to be paid in advance have been paid in full.

(b) The sewer connection permit shall contain all the information requested in the permit application pertaining to the physical connection as well as the fees, charges and assessments paid for the permit, the sewer rate category for the proposed use and any conditions imposed. It shall be signed and dated by the person authorized by the Utilities Executive Director to issue connection permits and by the applicant.

(Code 1972, § 112-71(D); Ord. No. 166, 1986, § 1(112-89), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-240. Revocation of permit; contractor responsibilities.Go to the top

(a) All connections authorized by the permit shall be made strictly in accordance with the terms and conditions of the permit and the requirements of this Article. The Utilities Executive Director may at any time revoke a permit because of defective work which has not been corrected promptly after the giving of written notice or because of failure to complete the work within the time limit specified in the permit.

(b) Any licensed and bonded contractor or plumber who is the permittee or who is under contract to the owner of the connecting premises shall be responsible for any and all work done pursuant to the permit, regardless of whether the work is actually done by the contractor or by the authorized representative of such contractor. No further permits will be issued to any such contractor or plumber who fails to promptly and satisfactorily remedy defective work after having been notified in writing by the Utilities Executive Director. No contractor or plumber shall use or allow a right-of-way license to be used in any way for the purpose of procuring a permit for any person other than such licensee or the authorized representative of such licensee.

(Code 1972, § 112-71(E), (F); Ord. No. 166, 1986, § 1(112-90), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-241. Change of ownership of existing service lines.Go to the top

Where there is no change in the nature or quantity of the use of the connection to the wastewater utility, a new owner of residential or minor nonresidential premises with an existing active service line conforming to the requirements of this Article may continue the use of the service line and discharge to utility facilities upon notifying the utility of the change in ownership and paying any delinquent charges which are a lien against the property. The new owner is liable for all bills for sewer service furnished to the premises after the date of transfer of ownership. In all other cases, the new owner must apply for a new connection permit and any industrial discharge permit that may be required by this Article.

(Ord. No. 166, 1986, § 1(112-91), 11-4-86)

Sec. 26-242. Abandonment of service lines.Go to the top

(a) If a property owner desires to permanently disconnect premises from the wastewater utility or to abandon and replace the existing service line, the service line shall be cut and tightly capped at the public sewer at the owner's expense. The cap shall be sufficiently tight to prevent the escaping of sewer gas from or the infiltration of water into the public sewer and shall be inspected and approved by the City. The work of excavating and disconnecting the line may be done only after a plan review by the City and the payment of an inspection fee. The Utilities Executive Director may require the owner to remove the service line and all appurtenances. New wastewater services to replace abandoned service will not be approved by the utility until the old service lines are permanently disconnected.

(b) If the Utilities Executive Director receives notice from the Director of Building and Zoning or the Department of Public Health and Environment that a structure has been condemned as not habitable or unsanitary and dangerous to human life, any service line serving such structure will be deemed abandoned and monthly service charges will cease. The owner may be required to permanently disconnect the abandoned line as provided in (a) above.

(Code 1972, § 112-70(E)(5); Ord. No. 166, 1986, § 1(112-92), 11-4-86; Ord. No. 130, 2002, §§ 11, 33, 34, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Secs. 26-243—26-255. Reserved.

Division 3
Collection System
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Sec. 26-256.  Individual service lines for each building required.Go to the top

(a)  Each property shall be served by its own service line, and no connection shall be made by extending the service line from one (1) property to another property. Each building shall be served by a separate service line; however, the Utilities Executive Director may require that a building be served by more than one (1) service line. For purposes of this Section, the term building means a structure standing alone, excluding fences and covered walkways. A separate accessory structure is a separate building. To qualify as one (1) building, all portions, additions or extensions must be connected by an attachment that is an enclosed part of the building and usable by the occupants.

(b)  Notwithstanding the provisions of Subsection (a) of this Section, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) building by a single service line, provided that each of the following requirements is met:

(1)  The combined wastewater flow from the buildings shall not exceed the capacity of the service line;

(2)  If the buildings are served by one (1) service line, the buildings shall be under single ownership; and no subsequent division of ownership, or subdivision of the property upon which the buildings are located, shall be permitted until separate service lines have been installed to each building;

(3)  If the service is for residential use, only one (1) of the buildings may be used as a residential dwelling unless the buildings are located on a single platted lot and one (1) of the buildings is a carriage house. For purposes of this Section, the term carriage house shall have the same meaning as in the Land Use Code;

(4)  Plant investment fees and any other applicable charges required in connection with the additional building to which service is to be provided shall be remitted as provided in this Article. For a carriage house, additional plant investment fees, as well as monthly meter rates and any other water-related charges, shall be determined based on the addition of a new dwelling unit on the property; and

(5)  A written covenant or other document signed by the owner of the property to be served and incorporating the requirements and limitations of this Section as a condition of service to said property, in a form provided by the Utilities Executive Director, shall be submitted to the Utilities Executive Director as a condition of approval, and shall be duly recorded at the office of the County Clerk and Recorder.

If the Utilities Executive Director should determine that the foregoing criteria have been met, a written permit shall be granted, which permit shall contain a listing of the foregoing requirements as a condition of continued service hereunder and specific reference to Subsection (a) of this Section requiring individual service lines for each building, shall be signed by the Utilities Executive Director, and shall be duly recorded at the office of the County Clerk and Recorder.

(c)  Notwithstanding the provisions of Subsection (a) above, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) property by a single, common, private sewer service line, provided that:

(1)  The properties to be served by the line must be single-family attached dwellings on separate platted lots as defined in the Land Use Code.

(2)  The combined wastewater flow from the properties may not exceed the capacity of the line.

(3)  No more than six (6) single-family attached dwellings may be connected to the line.

(4)  The line must include a separate branch line to each single-family attached property, and each branch line must include a clean-out that meets the requirements of the City Plumbing Code.

(5)  The line connecting to the City sewer main and all branch service lines must be owned, operated, maintained, repaired and replaced, as needed, by a legal entity representing all of the owners of the properties served by the line.

(6)  A written declaration of covenants in a form satisfactory to the Utilities Executive Director must be recorded against the title to each and every property served by a common private sewer service line imposing upon said property the responsibility for operation, maintenance, repair and replacement of the line, and establishing the right of the City to recover any costs incurred by the City in the event of a failure to satisfactorily complete any such operation, maintenance, repair or replacement of the line.

If the Utilities Executive Director determines that the foregoing criteria have been met, a written permit shall be granted, which permit shall contain a listing of the foregoing requirements as a condition of continued service hereunder and specific reference to Paragraph (c)(6) above imposing shared responsibility for operation, maintenance, repair and replacement of the common private service line, shall be signed by the Utilities Executive Director, and shall be duly recorded at the office of the County Clerk and Recorder.

(Code 1972, § 112-70(A); Ord. No. 166, 1986, § 1(112-96), 11-4-86; Ord. No. 77, 1987, 5-19-87; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 019, 2012, § 2, 3-20-12; Ord. No. 070, 2014, 5-20-14)

Sec. 26-257. Service lines; user responsibilities.Go to the top

(a) Installation. The owner of any property connecting to the wastewater utility is responsible for the installation at the owner's expense and risk of the service line from the public sewer to the structure served and all other wastewater pipes, machinery, plumbing fixtures and apparatus within the property which may be required for collecting, treating and discharging wastewater from the premises.

(b) Maintenance. The owner shall be responsible for the cleaning, unstopping, maintenance and repair of the private sewer and at self-expense shall keep the entire service line as well as all pipes, fixtures, appliances and apparatus on the property tight and in good working order to prevent discharge of combined wastewater or prohibited substances into the wastewater utility. The owner shall replace at the owner's expense any portion of the service line which in the opinion of the Utilities Executive Director has become so damaged or disintegrated as to be unfit for further use or is in such condition as to permit infiltration into the public wastewater system. All repairs shall be completed within thirty (30) days after written notification from the utility. If the owner fails or refuses to complete repairs required by the Utilities Executive Director, the Utilities Executive Director may cause the repairs to be completed and charge the owner for the costs of such repairs. If the costs of repairs made are not paid by the owner they may be treated as any other delinquent utility charges due the City.

(c) Installer. The owner shall employ a licensed contractor or plumber to install, repair or alter service lines. For the installation, repair or alteration of that portion of the service line within the public right-of-way or street, the contractor or plumber shall also be licensed by the City under Article XI of this Chapter. The utility may install the service line stub from an existing public sewer to the property line upon payment of a tap charge by the owner. The owner is responsible for locating the service line stubs and shall notify the Utilities Executive Director when the service line is ready for inspection and connection to the public sewer. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be restored to acceptable City standards after the connection is made.

(d) Liability. The City is not responsible for any loss or damage caused by negligence or want of care on the part of the owner or the contractor of the owner in installing, maintaining, using or operating service lines and private wastewater pipes, fixtures, appliances and apparatus. The owner shall hold the City harmless from any loss or damage that may be directly or indirectly occasioned by the installation or malfunction of any service line or private appurtenances. The owner is responsible for the costs of repairing or replacing adjacent sidewalks, curbs and gutters damaged by the settling of such owner's service line trenches.

(e) Permission required. No alteration of, addition to or disconnection from the private sewer or any public sewer or apparatus shall be made without the prior written consent of the Utilities Executive Director.

(f) Compliance. All users shall comply with the limitations and prohibitions placed on the discharge of wastewater from their premises by standards set forth or incorporated by reference in this Article as well as all other requirements of this Article. No user shall make or permit another person to make a connection to such user's service line which would allow the discharge of wastewater from property not otherwise served by the utility.

(Code 1972, § 112-70(E); Ord. No. 166, 1986, § 1(112-97), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-258. Wastewater service lines; general regulations.Go to the top

(a) Specifications, design and construction. The design, number, location, grade and size of all service lines shall be subject to the approval of the Utilities Executive Director. The size, slope, alignment and materials of construction of a service line and the methods to be used in excavating, placing of the pipe, jointing and testing and backfilling the trench and all other work shall conform to the Water Utilities Development Construction Standards adopted pursuant to § 26-29 of this Chapter and the requirements of the building and plumbing codes or other applicable codes, laws, rules and regulations of federal, state and local entities. In the event of a conflict, the Water Utilities Development Construction Standards shall control. All work concerning the installation or repair of service lines and their appurtenances is subject to inspection by the City.

(b) Connection specifications. The connection of the service line to the public sewer shall conform to the specifications and regulations of the City, including, but not limited to the Water Utilities Development Construction Standards adopted pursuant to § 26-29, and shall only be made by or under the supervision of the Utilities Executive Director. All such connections shall be made gastight and watertight.

(c) Runoff drain connections prohibited. Except as authorized pursuant to Subsection 26-336(a) of this Code, it is unlawful for any person to connect roof downspouts, exterior foundation drains, areaway drains, sump pumps or other sources of surface runoff or groundwater to a service line or building drain which in turn is connected directly or indirectly to a sanitary sewer.

(Code 1972, § 112-70(C), (D); Ord. No. 166, 1986, § 1(112-98), 11-4-86; Ord. No. 12, 1993, § 2, 2-16-93; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 163, 2011, § 6, 12-6-11)

Sec. 26-259. Public sewer construction.Go to the top

The extension of public sewers in the course of private development and of public system improvements is governed by the provisions of Article V of this Chapter.

(Code 1972, § 112-74; Ord. No. 166, 1986, § 1(112-99), 11-4-86)

Sec. 26-260. Lift stations and force mains.Go to the top

(a) The City is hereby authorized to cause surveys or engineering studies to be made for the purpose of determining those areas either within or without the City which would require the installation and operation of lift stations to accumulate wastewater at low points or the perimeter of the collection system and pump it to a continuation of the system at a higher elevation or to the treatment works. The lift station areas may include areas outside the City which might by annexation become a part of the City or which might require wastewater services from the City for the purpose of preserving the health and welfare of City residents adjacent to such areas.

(b) When a lift station and force mains are required because of development within the lift station area, the cost of their construction is entirely the responsibility of the owners of the property to be served. If only a part of a lift station area is initially developed, the utility may require that the developer install a lift station and force mains of sufficient capacity to serve the entire area. The City will pay the additional cost mutually agreed to be attributable to the oversizing requirement and collect a front foot or other proportionate charge from property owners or developers connecting to lines served by the lift station. Such assessment shall be paid at the time of issuance of the sewer connection permit.

(c) All lift stations shall be planned, designed and constructed in accordance with applicable state laws. The portion of the wastewater system requiring lift stations and force mains shall be designed whenever possible to permit an eventual connection into a gravity system with a minimum of additional expense. Where practicable, property owners shall provide easements and construct lines to tie into the gravity system. Where the Utilities Executive Director deems necessary, the City may require deposits from the property owners requiring the force system to pay for the eventual construction of gravity lines.

(d) Lift stations are part of the wastewater utility. When lift stations and force mains have been installed pursuant to the requirements of the utility and have been inspected and accepted by the City, then they shall become the property of the wastewater utility. The term lift station as used in this Section does not include individual lift facilities prescribed in Subsection 26-258(c).

(Code 1972, § 112-73; Ord. No. 166, 1986, § 1(112-100), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Secs. 26-261—26-275. Reserved.

Division 4
Fees and Charges
*Go to the top

Sec. 26-276. Permissible fees and charges.Go to the top

The utility may adopt fees and charges which may include, but need not be limited to, the following:

(1) Fees for all wastewater utility costs, including maintenance and operation;

(2) Fees for reimbursement of costs of establishing and operating the wastewater utility's pretreatment program;

(3) Fees for monitoring, inspections and surveillance procedures, including laboratory analysis;

(4) Fees for permit applications;

(5) Fees for connection, repairs and disconnection;

(6) Fees for inspections, surveys, development and expansion;

(7) Plant investment fees;

(8) Standby fees;

(9) Wastewater strength and lift station surcharges;

(10) Other fees as the utility may deem necessary to carry out the requirements of this Article.

(Code 1972, § 112-69(A); Ord. No. 166, 1986, § 1(112-104), 11-4-86)

Sec. 26-277. Determination of user rates; annual adjustment.Go to the top

(a) The City Manager shall analyze the operating and financial records of the utility during each calendar year and recommend to the City Council user rates or adjustments to be in effect for the following year.

(b) The City Manager shall base the recommendation on the actual cost of serving each class of user including in the consideration costs of operating, maintaining, replacing and repairing the wastewater utility's collection and treatment system, costs for administration, personnel and billing, capital improvement costs, the number of users and the estimated contribution of wastewater by the users in each class. The user charges shall be revised as necessary to assure equity of the rate system established and assure that sufficient funds are obtained to adequately operate and maintain the wastewater system.

(c) In addition to the monthly service charges set forth in §§ 26-279, 26-280 and 26-282, there shall be a charge for payments in lieu of taxes. The charge shall be six and zero-tenths (6.0) percent of said monthly service charges billed pursuant to said §§ 26-279, 26-280 and 26-282.

(Code 1972, § 112-69(B)(1), (2); Ord. No. 166, 1986, § 1(112-105), 11-4-86; Ord. No. 132, 1989, § 5, 10-17-89; Ord. No. 69, 1997, § 2, 5-20-97; Ord. No. 204, 1998, § 4, 11-17-98)

Sec. 26-278.  Classification of users.Go to the top

The users of the wastewater utility may be divided into various classifications, including but not limited to, single-family dwelling, duplex, multi-family dwelling and nonresidential. Additional classifications may be established by the City for each nonresidential user class. Mobile home parks are to be classified as multi-family dwellings. Hotels, rooming houses, sororities, fraternities and similar uses are to be classified as nonresidential uses. Each user shall be classed into one (1) of the following categories and charged at the applicable rate:

(1)  Category A: Single-family residential users (either flat rate or metered water use).

(2)  Category B: Duplex (two-family) residential users (either flat rate or metered water use).

(3)  Category C: Multi-family residential users (more than two (2) dwelling units including mobile home parks).

(4)  Category D: Minor nonresidential user. A minor nonresidential user is a user who discharges only wastes of a type and strength normally discharged by private residences. Category D shall also apply to multi-family residential units under construction during the period of service from the installation of the water meter to the date the certificate of occupancy is issued. All nonresidential users not subject to the provisions of Categories C, E and F shall be classed as minor nonresidential users in Category D.

(5)  Category E: Intermediate nonresidential users. An intermediate nonresidential user is a user listed in divisions A, B, D, E and I of the SIC Manual who discharges domestic-type wastes with a strength in excess of any of the following parameters:

a.  COD greater than three hundred (300) mg/l;

b.  Five-day BOD greater than two hundred (200) mg/l;

c.  TOC greater than one hundred (100) mg/l; or

d.  TSS concentration greater than two hundred fifty (250) mg/l.

(6)  Category F: All users who have been issued industrial discharge permits.

(7)  Category G: Users outside the City limits.

(8)  Category H: Special with agreement. Users in this Category shall include those with whom the City has negotiated agreements to provide wastewater collection and/or treatment such as quasi-municipal sanitation districts, major industries and large institutions whether within or without the City limits, and dischargers authorized pursuant to Subsection 26-331(a). Users in this Category may be required to obtain an industrial discharge permit.

(Code 1972, § 112-69(B); Ord. No. 166, 1986, § 1(112-116), 11-4-86; Ord. No. 26, 1988, § 1, 4-19-88; Ord. No. 6, 1993, § 3, 2-2-93; Ord. No. 12, 1993, § 3, 2-16-93; Ord. No. 88, 1994, § 2, 6-21-94; Ord. No. 193, 2001, § 1, 11-20-01; Ord. No. 020, 2010, § 9, 7-20-10; Ord. No. 028, 2014, § 1, 3-4-14)

Sec. 26-279.  Service charges; categories.Go to the top

(a)  Monthly service charges for wastewater utility service are determined by category as hereinafter provided. Nonresidential users are also subject to a monthly surcharge according to the strength and quantity of wastewater discharged into the wastewater system as provided in § 26-281.

(b)  For wastewater services with metered water service, monthly service charges shall commence at the time the water meter is installed and continue until the water service is disconnected. For single-family and duplex flat wastewater services, monthly service charges shall commence at the time the certificate of occupancy is issued for the building or structure and continue until the sewer service is disconnected from the City's system.

(c)  The rate determination by category is as follows:

(1)  If there is no water meter, the rate for Categories A and B shall be a flat rate representative of the actual cost of serving a typical user in each of these categories.

(2)  If water use is metered, the rate for Categories A and B and the rate for Category C shall be based on winter quarter water use in accordance with the following formula:

Cu  =  VuC

Where:    

Cu  =  Users charge per billing period

Vu  =  Volume of winter quarter water use

C  =  A charge per unit volume of water used based upon the cost of service per unit volume of normal, domestic-strength wastewater

The user shall be charged this calculated amount and the applicable base charge as set forth in § 26-280. If any metered water service customer connects to the wastewater utility or makes a change in the use of the premises or substantially expands such premises, the Utilities Executive Director shall make an estimate of the water consumption on such premises during an average winter month based upon a count of plumbing fixtures, consumption of similar customers or other information relevant to such determination; and such estimate, when made, shall be the basis for the wastewater service charge until the actual winter use for the premises can be determined or until an alternative means of determining wastewater volume is established for the user in accordance with this Article.

(3)  In addition to the applicable base charge set forth in § 26-280, the rate for Category D shall be based upon the user's consumption of water in accordance with the following formula:

Cu  =  VuC

Where:    

Cu  =  Users charge per billing period

Vu  =  Volume of winter quarter water use

C  =  A charge per unit volume of water used based upon the cost of service per unit volume of normal, domestic-strength wastewater

(4)  In addition to the applicable base charge set forth in § 26-280, users in Categories D, E and F shall be billed upon the basis of metered water consumption except where they can show to the satisfaction of the Utilities Executive Director that not all of the water going through the water meter is returned to the wastewater system but is instead consumed or otherwise diverted. In such cases, and with the approval of the Utilities Executive Director, the wastewater charges may be based upon one (1) of the following methods:

a.  metering device of a type and installed in a manner approved by the Utilities Executive Director may be used to measure the quantity of wastewater returned to the public sewer, in which event the actual volume of wastewater discharged will be substituted in the formula for billing purposes;

b.  a metering device of a type and installed in a manner approved by the Utilities Executive Director may be used to measure one (1) or more specific quantities of water consumed or processed in all or specified portions of the user's facility if the Utilities Executive Director finds that such measured water quantities form a sufficient and reliable basis for determining the quantity of wastewater returned to the public sewer, in which event the actual volume of wastewater discharged will be substituted in the formula for billing purposes;

c.  for evaporative loss in a specific industrial process that was in operation as of September 1, 2012, and that is served by a water meter four (4) inches in size or greater, a method for calculating the amount of evaporative loss may be used to reduce the customer's wastewater volume from the amount that would otherwise be determined based upon water use, provided that such method must be reasonably satisfactory to the Utilities Executive Director and must be based on generally accepted methods determined to accurately and reliably predict the rate and amount of such evaporative loss; or

d.  when the user discharges only wastes reasonably and regularly corresponding to the winter quarter water use may be substituted in the formula for billing purposes. Any metering device used to measure wastewater shall be installed and maintained at the user's expense.

(5)  The rate for users in Category G shall be as set forth in § 26-280.

(6)  The rate for users in Category H shall be determined by negotiation with the party concerned. However, the rate shall be based upon cost of service and shall not be less than that of in-City users and shall include any wastewater strength surcharges.

(d)  The applicable fees and charges shall be set forth in § 26-280.

(Code 1972, § 112-69(A)(2); Ord. No. 166, 1986, § 1(112-107), 11-4-86; Ord. No. 26, 1988, § 2, 4-19-88; Ord. No. 136, 1993, § 1, 11-16-93; Ord. No. 88, 1994, § 3, 6-21-94; Ord. No. 166, 1994, § 7, 12-6-94; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 167, 2002, § 1, 11-19-02; Ord. No. 174, 2006, § 1, 11-7-06; Ord. No. 067, 2010, 6-15-10; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 093, 2012, 9-18-12; Ord. No. 028, 2014, § 2, 3-4-14)

Sec. 26-280.  Service charges established by category.Go to the top

The schedule of rates for each category described in § 26-279 shall be as follows:

CategoryClass of CustomerRate
ASingle-family residential user (flat rate)$36.29 per month
Single-family residential user (metered water use)$16.21 per month plus $3.150 per 1,000 gallons of either winter quarter water use or 3,000 gallons, whichever is greater. For single-family customers who have not established a winter quarter water use at the service address, a system average of 4,800 gallons per month shall be billed.
BDuplex (two-family) residential users (flat rate)$49.71 per month
Duplex (two-family) residential users (metered water use)$18.42 per month plus $2.764 per 1,000 gallons of either winter quarter water use or 4,000 gallons, whichever is greater. For duplex customers who have not established a winter quarter water use at the service address, a system average 7,200 gallons shall be billed.
CMulti-family residential user (more than two dwelling units including mobile home parks) and winter quarter based nonresidential user$3.051 per 1,000 gallons of winter quarter water use, plus a base charge of $2.40 per month per dwelling unit served. For multi-family customers who have not established a winter quarter water use at the service address, a system average of 3,400 gallons per living unit shall be billed. However, Category D rates will apply to multi-family residential units under construction during the period of service from the installation of the water meter to the date the certificate of occupancy is issued.
DMinor nonresidential user$2.823 per 1,000 gallons of water use, measured sewage flow or winter quarter water use, whichever is applicable, plus the following applicable base charge:
Size of water
meter (inches)
Base charge
¾ or smaller
$  8.15
1
18.81
37.85
2
64.77
3
103.48
4
163.43
6
716.42
8
827.20
E and FIntermediate nonresidential user and Significant industrial user$2.823 per 1,000 gallons of water use, measured wastewater flow or winter quarter water use, whichever is applicable; plus a surcharge of $3.120 per million gallons for each milligram per liter of suspended solids in excess of 235 milligrams per liter; plus a surcharge of $2.599 per million gallons for each milligram per liter of BOD in excess of 265 milligrams per liter or a surcharge of $1.641 per million gallons for each milligram per liter of COD in excess of 400 milligrams per liter, or a surcharge of $4.857 per million gallons for each milligram per liter of TOC in excess of 130 milligrams per liter, whichever is applicable. The user shall pay this calculated amount plus the applicable base charge set forth below:
Size of water
meter (inches)
Base charge
¾ or smaller
$8.15
1
18.81
37.85
2
64.77
3
103.48
4
163.43
6
716.42
8
827.20
GUser outside City limitsThe rate for users outside the City limits shall be the same as for like service inside the City limits as is specified in Categories A—F and H in this Section.
HSpecial with agreementThe rate pursuant to a special wastewater services agreement approved by the City Council pursuant to § 26-290 shall be set forth in said agreement.

(Code 1972, § 112-77(B)(1); Ord. No. 166, 1986, § 1(112-151(B)(1)), 11-4-86; Ord. No. 161, 1987, § 1, 10-20-87; Ord. No. 26, 1988, § 3, 4-19-88; Ord. No. 132, 1989, § 6, 10-17-89; Ord. No. 112, 1990, § 5, 10-16-90; Ord. No. 120, 1991, § 5, 11-19-91; Ord. No. 110, 1992, § 4, 11-17-92; Ord. No. 6, 1993, § 4, 2-2-93; Ord. No. 136, 1993, § 2, 11-16-93; Ord. No. 88, 1994, § 4, 6-21-94; Ord. No. 166, 1994, § 8, 12-6-94; Ord. No. 131, 1995, § 4, 11-7-95; Ord. No. 131, 1996, 11-5-96; Ord. No. 173, 1997, § 4, 11-4-97; Ord. No. 204, 1998, § 5, 11-17-98; Ord. No. 167, 1999, § 1, 11-16-99; Ord. No. 152, 2000, § 1, 11-7-00; Ord. No. 193, 2001, § 2, 11-20-01; Ord. No. 167, 2002, § 2, 11-19-02; Ord. No. 153, 2003 § 1, 11-18-03; Ord. No. 172, 2004, § 1, 11-16-04; Ord. No. 137, 2005, § 1, 11-15-05; Ord. No. 174, 2006, § 2, 11-7-06; Ord. No. 120, 2007, § 1, 11-20-07; Ord. No. 111, 2008, § 1, 10-21-08; Ord. No. 114, 2009, § 1, 11-3-09; Ord. No. 113, 2010, § 1, 11-16-10; Ord. No. 140, 2011, § 1, 11-1-11; Ord. No. 150, 2013, § 1, 11-5-13; Ord. No. 028, 2014, § 3, 3-4-14; Ord. No. 068, 2014, § 2, 5-20-14)

Sec. 26-281. Wastewater strength or industrial surcharge; categories.Go to the top

(a) Industrial and intermediate nonresidential users in Categories E, F, G, and H shall also be subject to a monthly surcharge for excessive strength of BOD, COD, TOC and TSS in their discharged wastewater in addition to the base monthly service rate per volume of water consumed or volume of wastewater discharged. The surcharge rates shall be based on the extra costs incurred by the City in surveillance, sampling and testing of the discharges, for additional operating and maintenance expenses and for any other action required to identify, handle, process or supplement normal activities due to the excessive strength, plus overhead charges, and once established the rates shall be set forth in § 26-282.

(b) Various surcharge categories based on customary commercial and industrial activities and the average concentration of BOD, COD and TSS found in wastewater from each such category shall be established and set forth in § 26-282 of this Article. Intermediate nonresidential users of Category E and significant industrial users of Category F shall be classified as one (1) of the surcharge categories. Unless the actual concentrations of the parameters in the user's wastewater are being monitored under the conditions of an industrial discharge permit, calculation of the user's wastewater strength surcharge will be based on the average concentration values established for the applicable surcharge category.

(c) The amount of the wastewater strength surcharge to be billed each user shall be calculated from one (1) of the following three (3) formulas, depending on whether the wastewater is more amenable to testing for BOD, COD or TOC or on the selection of the Utilities Executive Director in the absence of monitoring:

(1) Cs=Vu[Bc(B) + Sc(S)]

(2) Cs=Vu[CODc(COD) + Sc(S)]

(3) Cs=Vu[TOCc(TOC) + Sc(S)]

Where:

Cs = User's surcharge for wastewaters of excessive strength per billing period

Vu = Volume of water used or wastewater discharged per billing period

Bc = Cost of service for treatment of a unit of BOD

B = Concentration of BOD from a user in excess of two hundred sixty-five (265) mg/l

Sc = Cost of service for treatment of a unit of TSS

S = Concentration of TSS from a user in excess of two hundred thirty-five (235) mg/l

CODc = Cost of service for treatment of a unit of COD

COD = Concentration of COD from a user in excess of four hundred (400) mg/l

TOCc = Cost of service for treatment of a unit of TOC

TOC = Concentration of TOC from a user in excess of one hundred thirty (130) mg/l

(d) The Utilities Executive Director shall determine average concentration values for other categories and for any user that does not fall within one of the categories established by § 26-278 of this Article as needed and shall determine the appropriate category for individual users who may request a change in category. If sufficient information has been submitted by the user and if the Utilities Executive Director finds that the evidence submitted supports the requested change, the Utilities Executive Director shall thereupon effect such change.

(Code 1972, § 112-69(C); Ord. No. 166, 1986, § 1(112-108), 11-4-86; Ord. No. 6, 1993, § 5, 2-2-93; Ord. No. 136, 1993, § 3, 11-16-93; Ord. No. 88, 1994, § 5, 6-21-94; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 167, 2002, § 3, 11-19-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 140, 2011, § 2, 11-1-11)

Sec. 26-282. Wastewater strength or industrial surcharges and categories established.Go to the top

(a) The schedule of wastewater strength surcharge for customers located either inside or outside the City limits shall be as follows:

ParameterExcess over (mg/l)Rate per gallon
BOD265$0.002599
COD4000.001641
TOC1300.004857
TSS2350.003120

(b) The schedule of average concentrations for the various categories is as follows:

CategoryAverage Concentration for Category
BOD
(mg/l)
COD
(mg/l)
TSS
(mg/l)
E-1Meat packing8481,272846
E-2Slaughterhouses1,4202,1301,367
E-3Dairy products processing1,1271,691445
E-4Fruit and vegetable canning537806306
E-5Grain mills9781,4671,406
E-6Bakeries6881,032620
E-7Sugar processing395593274
E-8Fats and oil processing403605343
E-9Rendering tallow319479140
E-10Beverage bottling536804192
E-11Miscellaneous food manufacturing2,9614,442563
E-12Pulp products157236477
E-13Inorganic chemicals891343,249
E-15Paint manufacturing4817221,039
E-16Ink manufacturing412618156
E-17Leather tanning2,0393,0591,435
E-18Drum cleaning503755974
E-19Restaurants8201,230905
E-20Hotels; motels310465121
E-21Fast-food service400600450
E-22Commercial laundries596894367
E-23Laundromats21932987
E-24Industrial laundries1,3221,9831,461
E-25Hospitals231347266
E-26Service stations38557830
E-29Funeral homes300450275
E-31Schools (kitchens for other schools)54581896
E-32Car wash150225350
E-33Schools (kitchen for school only)330495112
E-34Domestic waste (sanitary strength wastewater)200300250
E-35Service stations with recreational vehicle dumping facility7701,156500
E-36Other categories***

* Values to be determined as needed by the Utilities Executive Director.

(Code 1972, § 112-77(C); Ord. No. 166, 1986, § 1(112-151(C)), 11-4-86; Ord. No. 161, 1987, § 2, 10-20-87; Ord. No. 132, 1989, § 7, 10-17-89; Ord. No. 112, 1990, § 6, 10-16-90; Ord. No. 120, 1991, § 6, 11-19-91; Ord. No. 110, 1992, § 5, 11-17-92; Ord. No. 6, 1993, § 6, 2-2-93; Ord. No. 156, 1993, § 1, 12-21-93; Ord. No. 166, 1994, § 9, 12-6-94; Ord. No. 131, 1995, § 4, 11-7-95; Ord. No. 173, § 4, 11-4-97; Ord. No. 204, 1998, § 6, 11-17-98; Ord. No. 167, 1999, § 2, 11-16-99; Ord. No. 152, 2000, § 2, 11-7-00; Ord. No. 193, 2001, § 3, 11-20-01; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 167, 2002, § 4, 11-19-02; Ord. No. 153, 2003 §2, 11-18-03; Ord. No. 172, 2004, § 2, 11-16-04; Ord. No. 137, 2005, § 2, 11-15-05; Ord. No. 174, 2006, § 3, 11-7-06; Ord. No. 120, 2007, § 2, 11-20-07; Ord. No. 111, 2008, § 2, 10-21-08; Ord. No. 114, 2009, § 2, 11-3-09; Ord. No. 113, 2010, § 2, 11-16-10; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 140, 2011, § 3, 11-1-11; Ord. No. 150, 2013, § 2, 11-5-13)

Sec. 26-283. Sewer plant investment fees (SPIF); basis.Go to the top

(a) An applicant desiring to connect to the wastewater utility shall pay the utility a sewer plant investment fee (SPIF) as prescribed in § 26-284 of this Article in addition to any other connection fee or charge imposed by this Article. Except to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution or except as provided in either Subsection (e) or Subsection (g) of this Section, this fee shall be paid in full at the time the sewer connection permit is issued. In the case of an increase in SPIF rates between the time of application for the permit and the applicant's actual payment of sewer connection charges, the rates in effect on the date of payment shall apply.

(b) The SPIF shall be based on and used for growth-related capital expansion costs of wastewater collection, transmission and treatment facilities. The fee shall vary with the number of dwelling units for residential users. For nonresidential users, the fee shall be based on: (1) quantity of discharge that may be determined by size of water meter or other means of accurately measuring or calculating flow quantity as approved by the Utilities Executive Director; and (2) the level of wastewater concentration of organic and solid materials. The parameters and rates shall be reviewed by the City Manager annually and fees shall be presented to the City Council for approval no less frequently than biennially.

(c) No wastewater utility user shall make any changes or additions to the property served or operations at the property that would significantly affect the nature or quantity of the wastewater discharged and/or cause a change in the category of use without first obtaining the approval of the Utilities Executive Director and paying a SPIF based on the altered service. Such changes include without limitation the replacement of an abandoned service line, an increase in the water or sewer tap size, an increase in the number of dwelling units, a change from residential use to nonresidential use or a modification of production by a nonresidential user.

(d) In the case where an existing service is being changed or replaced, the utility will credit the user an amount equal to the SPIF that would have been charged for the service before the change or addition, but if the credit so determined is less than the amount previously paid for a SPIF, the amount actually paid shall be allowed as the credit. No cash refund shall be paid to any user whose allowable credit exceeds the new SPIF, nor to any user who obtains permission to decrease the level of service. The credits prescribed by this Subsection are not transferable. The credits apply only to the property served by the existing private sewer and only to SPIF's owed to the utility and not to other utility fees or charges.

(e) In circumstances where a user has underpaid a SPIF as a result of a miscalculation of the user's SPIF, and the utility requires the user to pay the utility all or any portion of the difference between the corrected and miscalculated amounts of the SPIF, the Utilities Executive Director may allow the user to pay such amount over time under such reasonable terms and conditions as are approved by the Utilities Executive Director.

(f) No person shall knowingly provide the wastewater utility with false, inaccurate or fraudulent information to be relied upon by the utility in calculating a user's SPIF.

(g) If the Utilities Executive Director determines that sufficient excess wastewater system capacity is available, and if a customer requires temporary service for a temporary use or condition not exceeding three (3) years in duration, the Utilities Executive Director may arrange for the provision of temporary wastewater service through a special services agreement in the manner prescribed in § 26-290 of this Article.

(1) If the full SPIF due in connection with any such service is not paid prior to connection or deferred as provided in Subsection (a) above, the associated special services agreement shall require the customer to pay a temporary wastewater plant capacity charge each month, which charge shall be one-twelfth (1/12) of eight (8) percent of the calculated SPIF charge, based on BOD, TSS and monthly discharge volume in gallons. These payments will not be credited against any SPIF amount due in connection with service to the customer for any subsequent temporary or permanent use or condition, regardless of whether the permanent use or condition is the same as, or comparable to, the temporary use or condition.

(2) The customer shall also be required to pay any and all other service and connection fees or charges associated with the temporary wastewater service as generally imposed by this Article, including, but not limited to, monthly service charges for discharged wastewater. If charges for temporary wastewater service are based upon estimates of the quantity or characteristics of the wastewater discharged and the actual quantity or characteristics are subsequently measured and found to have exceeded the discharge limits for which any fees or charges have been paid, the customer shall be required to pay such additional temporary wastewater plant capacity charges, monthly charges or other charges required in light of the underestimate of discharged flows.

(3) Except as set forth herein, all requirements for wastewater discharges in this Article, including, but not limited to, industrial pretreatment and other regulatory requirements, shall apply to temporary wastewater service.

(Code 1972, § 112-69(D); Ord. No. 166, 1986, § 1(112-109), 11-4-86; Ord. No. 8, 1991, § 1, 2-5-91; Ord. No. 136, 1993, § 4, 11-16-93; Ord. No. 102, 2000, §§ 1, 2, 3, 9-5-00; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 104, 2004, § 3, 7-27-04; Ord. No. 134, 2005, § 1, 11-15-05; Ord. No. 117, 2009, § 1, 11-3-09; Ord. No. 036, 2010, §§ 1, 2, 4-20-2010; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-284. Sewer plant investment fees and surcharges established.Go to the top

(a) The schedule of sewer plant investment fees, subject to the exceptions and additional requirements provided in this Section, is as follows:

CategorySPIF
A$3,090
B and C$2,470 for each dwelling unit or mobile home space
CategoryWater meter size (inches)Fee
D, E, F¾$ 6,550
 115,440
 29,890
 258,790
 3 and aboveCalculated on an individual basis based on peak wastewater flow (determined in the manner set forth hereinafter) but not less than the charge for a two-inch meter
G Same as equivalent category, plus any special sanitation district fees
H Determined pursuant to Subsection (d) of this Section

(b) Industrial and intermediate nonresidential users in Categories E, F, G, and H which are subject to a monthly surcharge as set forth in § 26-281 of this Article shall also be subject to a plant investment fee surcharge for any average concentrations of BOD and/or TSS in their discharged wastewater which exceed those average concentrations set forth in Subsection 26-282(b) under Category E-34.

(c) Various surcharge categories based on customary commercial and industrial activities and the average concentration of BOD and TSS found in wastewater from each such category are established in § 26-282 of this Article. Unless the user's wastewater is sampled and tested by a qualified laboratory in accordance with the techniques prescribed in 40 C.F.R. Part 136 as amended, calculation of the user's plant investment fee shall be based on the average concentration values established for the applicable surcharge category. If sufficient information is submitted by the user to support a change from the average concentration values established for the applicable surcharge category, the Utilities Executive Director shall thereupon effect such change.

(d) The amount of the plant investment fee and surcharge for each nonresidential surcharged user, users in Category H and any user that is expected to generate greater than its proportionate share of peak day flow at the treatment plant for the applicable category (including both contributed wastewater volume and volume related to infiltration and inflow), shall be calculated utilizing the following formula:

SPIF = Site Flow x [Flow$ + (BOD x BOD$) + (TSS x TSS$)] + I&I Flow x [Flow$ + (200 mg/l x BOD$) + (250 mg/l x TSS$)]

Where:

SPIF=Plant investment fee for Category H users and users discharging wastewater with average concentrations of BOD and/or TSS which exceed those average concentrations which are set forth in § 26-282(b) under Category E-34
Site Flow=The user's proportionate share of peak day flow at the treatment plant based on site flow discharge from user's site
I&I Flow=That proportionate share of peak day flow due to infiltration and inflow as allocated to user's site flow discharge
Flow$=$6.26 per gallon (unit cost of facilities attributable to treating wastewater flow)
BOD=Average BOD concentration for user category or measured BOD concentration for the user as determined in accordance with Subsection (c) of this Section, but not less than 200 mg/l
BOD$=$0.0152 per mg/l (unit cost of facilities attributable to treating BOD)
TSS=Average TSS concentration for user category or measured TSS concentration for the user as determined in accordance with Subsection (c) of this Section, but not less than 250 mg/l
TSS$=$0.0122 per mg/l (unit cost of facilities attributable to treating TSS)

(e) The plant investment fee and surcharge for users in Categories D, E, F and G shall be the greater of that calculated utilizing the formula set forth in Subsection (d) of this Section or the plant investment fee for the applicable water meter size set forth in Subsection (a) of this Section.

(f) For purposes of this Section, the proportionate share of peak day flow at the treatment plant for users in Categories D, E and F shall be deemed to be:

Water Meter Size (inches)Peak Flow (gallons per day)
¾530
11,250
2,420
24,760
3 and greaterCalculated on an individual basis based on user's proportionate share of peak day flow at the treatment plant (including both contributed wastewater volume and volume related to infiltration and inflow) but not less than the peak day flow for a two-inch meter

(Ord. No. 166, 1986, § 1(112-151(D)), 11-4-86; Ord. No. 8, 1991, § 2, 2-5-91; Ord. No. 136, 1993, § 5, 11-16-93; Ord. No. 88, 1994, § 6, 6-21-94; Ord. No. 134, 1998, 8-18-98; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 167, 2002, § 5, 11-19-02; Ord. No. 134, 2005, § 2, 11-15-05; Ord. No. 172, 2005, § 1, 1-3-06; Ord. No. 174, 2006, § 4, 11-7-06; Ord. No. 121, 2007, § 1, 11-20-07; Ord. No. 117, 2009, § 2, 11-3-09; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 141, 2011, § 1, 11-1-11; Ord. No. 151, 2013, § 1, 11-5-13)

Sec. 26-285. Reimbursement assessments.Go to the top

(a) An applicant desiring an original connection to the wastewater utility for premises subject to a developer's reimbursement agreement with the City shall pay any front footage charges and adjustments assessed to the property on account of the developer's extension of the public sewer adjacent to the premises, if the applicant's service line will be connected to such main directly, and not through an ancillary collection line, and the applicant did not participate in the original cost of its construction. This fee shall be paid at the time the sewer connection permit is issued in addition to all other connection charges. The applicant may not avoid payment of this charge by requesting connection to another main if in the opinion of the Utilities Executive Director the proposed service line is best capable of being connected to the main which is the subject of the reimbursement agreement.

(b) Except in the case of improvement districts organized pursuant to Chapter 22, when the City extends a public sewer as a system improvement at City expense, the utility may require property owners to pay their share of the cost of such sewer before connecting to the sewer. The amount of the charge shall be based upon the length of the applicant's fronting upon the public sewer or some other basis established or approved by the City Council and upon the original construction costs of the public sewer, including costs for engineering, project administration, materials, labor and right-of-way acquisitions, plus an adjustment for inflation based on the construction cost index for Denver, Colorado, as published by "Engineering News Record." If the utility installs a main larger than that required to serve the sewage disposal demands of the adjacent properties, the City is responsible for the extra cost, and the adjacent owners shall not share in the portion of the cost attributable to the oversizing. The method of assessment shall be established at the time the installation of the public sewer is authorized, and the payment of the assessment shall be collected at the time the sewer connection permit is issued. This assessment is in addition to any SPIF.

(c) If a public sewer is installed through an improvement district, the City may pay the cost attributable to any property which cannot be assessed its full share of the cost of the line because of the limitation based on value of property stated in § 22-90. The owner of such property who subsequently applies for connection to the public sewer shall reimburse the City at the time of issuance of the sewer connection permit for the balance of the property's assessment paid by the City.

(Ord. No. 166, 1986, § 1(112-110), 11-4-86; Ord. No. 64, 1995, § 2, 6-6-95; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-286. Tap charge.Go to the top

If the utility installs a service line for an applicant for a sewer connection permit, the Utilities Executive Director will impose a charge to cover utility costs incurred in making the tap including all labor, material and equipment costs as well as an administrative charge for processing. This tap charge will be billed to the applicant after the work is completed.

(Ord. No. 166, 1986, § 1(112-111), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-287. Surcharge for lift stations.Go to the top

Users connected to public sewers served by a wastewater lift station may be subject to a monthly surcharge to cover the cost of operating and maintaining the lift station for their benefit.

(Ord. No. 166, 1986, § 1(112-112), 11-4-86)

Sec. 26-288. Unpaid charges.Go to the top

No person shall be permitted to use City water if the wastewater fees and charges imposed by this Article have not been paid. If a person fails or refuses to pay such fees and charges, the Financial Officer may collect the unpaid amounts in accordance with any remedies permitted by this Code. The utility may not disconnect wastewater service for the sole reason of nonpayment of fees and charges.

(Ord. No. 166, § 1(112-113), 11-4-86)

Sec. 26-289. Miscellaneous fees and charges.Go to the top

The following is a schedule of miscellaneous fees and charges:

DescriptionAmount
(1) Connection fees and service chargesFees shall be set forth as in Subsection 26-712(b)
(2) Industrial discharge permits: 
      a. Administration$76.00 annually
      b. SurveillanceDetermined for each user annually, based on direct cost plus 15% indirect costs, billed monthly
(3) Laboratory support servicesDetermined on a case-by-case basis based on direct cost plus 15% indirect costs
(4) Determined on a case-by-case basis based on direct cost plus 15% indirect costsCost plus 15%
(5) Charges for disposal at the Fort Collins Regional Sanitary Waste Transfer Station:

      a. Septic tanks, vaults, privies, portable toilets:
 
      Generated within Larimer County$0.071 per gallon
      Generated outside Larimer County$0.108 per gallon
      b. Recreational vehicle sanitary waste holding tanks: 
      Residential customers of the City of Fort Collins Wastewater UtilityNo charge for individual disposal at Transfer Station
      Others $2.35 base fee plus $0.071 per gallon
(6) Interest rate for wastewater service-related loans: No less than the most current U.S. prime lending rate at the time of loan origination plus 2% and no more than the most current U.S. prime lending rate at the time of loan origination plus 5%, per annum, with the interest rate for each loan to be set in accordance with the administrative rules and regulations of the Financial Officer pursuant to § 26-720
(7) Loan-related fees for wastewater service-related loans: 
      a. For loan application:$25.00
      b. For loan origination:$150.00
(8) Miscellaneous feesDetermined on a case-by-case basis based on direct costs plus 15% indirect costs

(Code 1972, § 112-77(B)(2); Ord. No. 166, 1986, § 1(112-151(B)(2)), 11-4-86; Ord. No. 161, 1987, § 3, 10-20-87; Ord. No. 132, 1989, § 8, 10-17-89; Ord. No. 112, 1990, § 7, 10-16-90; Ord. No. 120, 1991, § 7, 11-19-91; Ord. No. 110, 1992, § 6, 11-17-92; Ord. No. 153, 2003 §3, 11-18-03; Ord. No. 114, 2009, § 3, 11-3-09; Ord. No. 113, 2010, § 3, 11-16-10; Ord. No. 140, 2011, § 4, 11-1-11; Ord. No. 033, 2012, § 4, 5-1-12)

Sec. 26-290. Agreements for special wastewater services.Go to the top

(a) Special services or complex service arrangements that are beyond those required for basic wastewater service may be arranged by a written services agreement which the Utilities Executive Director may negotiate and enter into on behalf of the wastewater utility. Said agreement shall establish the terms and conditions for any such special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable.

(b) Special services in the form of loans for wastewater service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter.

(c) Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with § 6 of Article XII of the Charter.

(Ord. No. 174, 2006, § 5, 11-7-06; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 033, 2012, § 5, 5-1-12)

Secs. 26-291—26-305. Reserved.

Division 5
Discharge Permits and Monitoring Regulations
Go to the top

Sec. 26-306. Wastewater discharge permit required.Go to the top

It is unlawful for any person to discharge to the wastewater utility without first obtaining a sewer connection permit as provided in § 26-236 et seq., of this Article, and an industrial discharge permit if required by this Article. It is unlawful for any person to discharge septage waste to the wastewater utility without first obtaining a liquid waste hauler permit as provided in § 26-324 of this Article.

(Ord. No. 166, 1986, § 1(112-126), 11-4-86; Ord. No. 39, 1994, § 2, 4-5-94; Ord. No. 46, 2001, §2, 4-17-01; Ord. No. 062, 2007, § 2, 6-5-07)

Sec. 26-307. General wastewater discharge permit.Go to the top

The sewer connection permit shall constitute a wastewater discharge permit for a residential user or a minor nonresidential user, described as Categories A through D and like persons in Category G in § 26-278, if the installation and connection of the private sewer to the wastewater utility conform to all requirements of this Article and any terms and conditions imposed by the connection permit. Sufficient information shall be provided by such proposed users at the time of application for the connection permit to support a determination that only wastes of a type and strength normally discharged by private residences will be discharged from the premises. Residential and minor nonresidential users are subject to the general prohibitions on discharges to the wastewater utility. The permission to discharge domestic wastes from private residential and minor nonresidential premises is transferable with title to the premises and remains in effect until terminated by the City.

(Ord. No. 166, 1986, § 1(112-127), 11-4-86)

Sec. 26-308. Industrial discharge permit; application.Go to the top

(a) Any significant industrial user shall obtain an industrial discharge permit which may be a zero-discharge permit, if applicable, in order to receive wastewater service from the wastewater utility. To the extent that a significant industrial user would have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement if said user were to discharge its wastewater to the POTW without restriction, the Utilities Executive Director may issue a zero-discharge permit that requires specified actions, configuration of processes or other management or control of the industrial user's operations or wastestream so as to prevent the discharge of specified industrial wastewater or specified pollutants to the POTW.

(b) At least ninety (90) days prior to any discharge into the wastewater utility, all significant industrial users shall complete and file with the Utilities Executive Director an application for an industrial discharge permit in the form prescribed by the City accompanied by any required filing fee. Other industrial users may be required to complete and file with the Utilities Executive Director an application for an industrial discharge permit as described in this Section if the Utilities Executive Director has reasonable grounds to believe that the user may be a significant industrial user. In support of the application, the applicant shall submit in units and terms appropriate for evaluation, the following information:

(1) Name, address and phone number of the industrial facility which will be discharging to the wastewater utility;

(2) Names, addresses and phone numbers of the operator and the owner of the industrial facility;

(3) List of environmental control permits held by or for the facility;

(4) SIC number;

(5) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, connections and appurtenances by size, location and elevation, including dual systems for handling sanitary and industrial wastewater when required;

(6) Description of activities, facilities and plant processes to be conducted on the premises, including each product to be produced by type, amount, process and rate of production, type and amount of principal raw materials and catalysts to be used and all materials which are or could be discharged;

(7) Number and type of employees and hours of work or hours of operation of the plant;

(8) Times and durations of discharge;

(9) Any other information deemed necessary by the Utilities Executive Director to evaluate the permit application and develop compliance schedules for pretreatment requirements and standards, including any of the information required by § 26-309 of this Division.

(Code 1972, § 112-75(C); Ord. No. 166, 1986, § 1(112-128(A), (B)), 11-4-86; Ord. No. 109, 1990, § 4, 10-16-90; Ord. No. 160, 1994, § 3, 11-15-94; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 062, 2007, § 3, 6-5-07; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-309. Existing industrial user discharge permit; application.Go to the top

(a) An existing industrial user may also be required to apply for an industrial discharge permit if it does not have one for its present use of the wastewater utility. An application shall be submitted within forty-five (45) days of notification by the utility of the need to do so or at the time of application for a building permit for expansion or remodeling of the premises or at the time of a material and significant alteration in the quantity or quality of the wastewater being discharged, or upon enactment of an applicable categorical standard, whichever occurs first. A new owner of premises with an existing connection to the wastewater utility desiring to introduce or continue an industrial activity shall also be required to contact the utility and if required, apply for an industrial discharge permit in accordance with this Section.

(b) When required to apply for an industrial discharge permit, an existing industrial user shall provide the following information in addition to that required in § 26-308.

(1) Wastewater quality. The constituents and characteristics of its wastewater as identified and determined by a reliable analytical laboratory, including but not limited to those mentioned in §§ 26-331 through 26-333 of this Article. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the act and contained in 40 C.F.R., Part 136, as amended.

(2) Flow measurements. Average daily and thirty-minute peak wastewater flow rates including daily, monthly and seasonal variations, if any.

(3) Where known, the quantity and specific nature of any pollutants in the discharge which are limited by any pretreatment standards and a statement regarding whether or not the pretreatment standards or, if applicable, zero-discharge permit requirements, are being met on a consistent basis and if not, whether additional operation and maintenance and/or additional pretreatment or other process modification is required for the user to meet applicable pretreatment standards or zero-discharge permit requirements.

(4) A written description and diagram of existing pretreatment equipment, if any, including but not limited to operational processes or controls, treatment processes, treatment tank dimensions and retention time, chemical supplies, operating personnel and certification, and a plumbing diagram of the treatment system.

(5) If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards or applicable industrial discharge permit requirements, including but not limited to zero-discharge permit requirements, a proposed compliance schedule by which the user will provide such additional pretreatment.

(6) Any such information deemed necessary by the Utilities Executive Director to evaluate the permit application.

(Code 1972, § 112-75(C); Ord. No. 166, 1986, § 1(112-128(C), (D)), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 062, 2007, § 4, 6-5-07; Ord. No. 020, 2010, § 9, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-310. New application if type or volume of discharge changes.Go to the top

If the type or volume of material from the property for which an industrial discharge permit has been previously granted shall materially and substantially change as determined by the Utilities Executive Director, the permittee shall make a new application to the City in the same manner and form as provided in §§ 26-308 and 26-309 of this Division for the altered use of the wastewater utility.

(Ord. No. 166, 1986, § 1(112-128(E)), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-311. Survey of existing industrial users.Go to the top

The Utilities Executive Director may require existing nonresidential and industrial users who have not applied for an industrial discharge permit to provide information needed to determine their compliance with this Article. This may be done through means of a survey or requiring periodic reports and notification when significant changes are proposed in the quantity or characteristics of wastewater from their premises. If it appears at any time from information submitted that the user is or will become a significant industrial user, the user shall be required to apply for an industrial discharge permit.

(Ord. No. 166, 1986, § 1(112-129), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-312. Issuance of industrial permit.Go to the top

(a) Conditions for granting permits. An industrial discharge permit shall be issued to the applicant if all of the following conditions are met:

(1) The application is complete and the data provided has been evaluated and accepted;

(2) The service line connection conforms to all requirements of this Article;

(3) The accidental discharge program and the pretreatment facilities plan are acceptable to the City;

(4) The proposed discharge, taking into account any pretreatment required, is or will be in compliance with the prohibitions and limitations in §§ 26-331 through 26-333 of this Article; would permit the normal and efficient operation of the wastewater treatment system and would not result in a violation by the City of the terms and conditions of its NPDES permit;

(5) The industrial user agrees to the pretreatment, recordkeeping, reporting and monitoring requirements to be imposed as conditions of the industrial discharge permit.

(b) Permit duration. Permits shall be issued for a specified time period not to exceed three (3) years. If the industrial user desires to renew an existing permit, the industrial user may be required by the utility to submit an updated application prior to the renewal of the permit. The terms and conditions of the permit may be modified by the City at any time during the term of the permit pursuant to § 26-310. Any permit may be revoked for failure to comply with the requirements of this Article.

(c) Permit transfer prohibited. Permits are issued to a specific user for a specific operation. A permit shall not be sold, traded, assigned, transferred or sublet.

(d) Permit compliance. Compliance with the terms of an industrial discharge permit does not relieve the permittee of its obligation to comply with any or all applicable pretreatment regulations, standards, requirements or laws that are or may become effective during the term of the permit.

(e) Permit violations. Violation of any term or condition of an industrial discharge permit shall constitute a violation of this Article and shall subject the violator to punishment and enforcement remedies as authorized by this Article and § 1-15 of this Code.

(f) Changes in discharge. Any change in discharge location, any production increases or process modifications that will result in substantially new, different or increased discharges of pollutants shall require prior written notification to the utility. The submission of a new industrial discharge permit application may be required, whether or not the proposed changes will violate the effluent limitations specified in the existing permit. Process modifications include, but are not limited to, the introduction of new pollutants not previously reported by the industrial user or any other modification that may result in a discharge of a quantity or quality substantially different from that authorized under the industrial discharge permit.

(Code 1972, § 112-75(C)(3)—(5); Ord. No. 166, 1986, § 1(112-131), 11-4-86; Ord. No. 137, 1995, § 2, 11-21-95; Ord. No. 020, 2010, §§ 3, 9, 7-20-10)

Sec. 26-313. Denial of industrial permit.Go to the top

If an application for an industrial discharge permit is denied, the Utilities Executive Director shall notify the applicant in writing of the denial. The Utilities Executive Director shall state the grounds for such denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit.

(Code 1972, § 112-75(A)(3); Ord. No. 166, 1986, § 1(112-131), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-314. Permit may be conditional.Go to the top

Permits shall be expressly subject to all provisions of this Article, including, but not limited to, limits on duration and transferability, all monitoring, reporting and recordkeeping requirements and all enforcement and penalty provisions, and all other applicable regulations, user charges and fees established by the City. Permits may contain without limitation the following conditions and requirements:

(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the system;

(2) Limits on the average and maximum concentration or mass of wastewater constituents and characteristics;

(3) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;

(4) Requirements for installation and maintenance of inspection and sampling facilities;

(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules;

(6) Compliance schedules;

(7) Requirements for submission of technical reports, or discharge reports and compliance progress reports;

(8) Requirements for maintaining and retaining plant records relating to wastewater discharge or any other records or data related to any requirements or limitations pursuant to the act or this Article, including, but not limited to, any best management practices, as specified by the utility, and for affording the City access thereto;

(9) Requirements for notification of the City prior to any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater system;

(10) Daily average and daily maximum discharge rates, or other appropriate conditions, when substances subject to limitation and prohibition are proposed or present in the user's wastewater discharge;

(11) Requirements for immediate notification of all slug discharges and all discharges of pollutants that are specified in 40 C.F.R. § 403.5(b);

(12) Requirements for separate systems to handle sanitary and industrial wastewater, such that in the event of a violation or a potential violation of the prohibitions or limitations set forth in this Article, the user's industrial wastewater may be eliminated from the discharge to the utility without interrupting the flow of sanitary wastewater from the premises;

(13) Specifications for best management practices;

(14) Requirements to comply with general and specific discharge prohibitions as specified in 40 C.F.R. § 403.5(a)(1) and (b) and § 26-332 of this Article.

(15) Requirements upon reduction of efficiency of operation, or loss or failure of all or part of an industrial user's treatment facility, or any other documented inability to comply with discharge limitations, to halt or reduce process activity or discharges to the extent necessary to maintain compliance with discharge limitations until the treatment facility is restored or an alternative method of treatment is provided;

(16) Requirement that no industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation;

(17) Applicable civil and criminal penalties as defined by §§ 26-352, 26-354 and 26-355 of this Article; and

(18) Other conditions as deemed appropriate by the City.

(Code 1972, § 112-75(C)(3); Ord. No. 166, 1986, § 1(112-132), 11-4-86; Ord. No. 14, 1989, § 3, 2-21-89; Ord. No. 109, 1990, § 5, 10-16-90; Ord. No. 020, 2010, § 4, 7-20-10)

Sec. 26-315. Modification of industrial permits.Go to the top

(a) The terms and conditions of any industrial discharge permit are subject to modification by the Utilities Executive Director as the limitations, prohibitions or requirements of this Article are amended or if necessary to meet requirements of the City's NPDES permit or if other just cause exists. Any changes or new conditions to the permit shall include a reasonable time schedule for compliance, as determined by the Utilities Executive Director.

(b) Upon enactment of a categorical standard that is more stringent than that imposed by the City, the industrial discharge permit of a user subject to the standard is automatically modified to require compliance with the standard within the time prescribed by the federal regulation establishing the standard. The Utilities Executive Director shall notify the permit holder in writing of the new requirements and, within thirty (30) days of the notification, the affected industrial user shall submit a proposed schedule for compliance. The industrial discharge permit shall be revised to include the new standard, the compliance schedule and the reporting requirements.

(Code 1972, § 112-75(C)(2); Ord. No. 166, 1986, § 1(112-133), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-316. Compliance schedules; progress reports.Go to the top

Whenever a compliance schedule concerning pretreatment standards and requirements is called for in this Article, the following conditions shall apply to this schedule:

(1) The completion date in the schedule shall not be later than the compliance date established for the applicable pretreatment standard and requirements;

(2) The schedule shall contain increments of progress specifying dates for the commencement and completion of major events leading to the construction and operation of new or additional pretreatment required for the user to meet the applicable pretreatment requirements. No increment shall exceed nine (9) months;

(3) Not later than ten (10) working days following each date specified in the schedule and following the final date for compliance, the user shall submit a progress report to the Utilities Executive Director including, as a minimum, whether or not the user complied with the increment of progress to be met on such date and if not, the date on which it expects to comply, the reason for delay and the steps being taken by the user to return the construction to the schedule established.

(Code 1972, § 112-75(C)(6); Ord. No. 166, 1986, § 1(112-135), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-317. Monitoring facilities.Go to the top

(a) Whenever required by the Utilities Executive Director, an industrial user shall provide, maintain and operate at its sole expense monitoring equipment and facilities sufficient to allow the safe inspection, sampling and flow measurements of the private sewer or internal drainage systems. The monitoring facility should normally be a monitoring manhole situated on the industrial user's premises, but the utility may, when such a location would be impractical or cause undue hardship on the industrial user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. Whenever required by the Utilities Executive Director, a monitoring manhole shall be installed for each separate regulated discharge to the public sewer in accordance with plans and specifications approved by the Utilities Executive Director. The decision to require installation of monitoring equipment will consider factors such as sampling frequency, parameters, economics and physical limitations of the plant site.

(b) There shall be ample room in or near the monitoring manhole or facility to allow accurate sampling and preparation of samples for analysis, and such manhole shall be safely, easily and independently accessible to authorized representatives of the utility during normal business hours. The Utilities Executive Director may require that the monitoring equipment be installed in an enclosed facility outside of the manhole.

(c) Whether constructed on public or private property, the sampling and monitoring equipment and facilities shall be provided in accordance with the utility's requirements and all applicable local construction standards and specifications. Construction shall be completed within sixty (60) days following written notification by the Utilities Executive Director of the requirement for installation.

(d) Each monitoring manhole shall contain a Palmer-Bowlus flume or similar device approved by the Utilities Executive Director with a recording and totalizing register for measurement of the liquid quantity. At the discretion of the Utilities Executive Director, the metered water supply to the industrial plant or a measurable adjustment thereof may be used to determine the liquid waste quantity.

(Code 1972, § 112-75(D); Ord. No. 166, 1986, § 1(112-135), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 020, 2010, § 5, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-318. Sampling and analysis.Go to the top

(a) Samples shall be collected, handled, managed and documented in a manner designed to guarantee the identity and integrity of the sample or data from collection through reporting of the test results. The chronological history of the sample or data must be maintained and documented. Chain-of-custody documents are required for all permit compliance samples and shall include the name or initials of the person collecting the sample, each person or entity subsequently having custody of it, dates the items were collected or transferred, the collection location, a brief description of the item and a sample identification number.

(b) Samples that are representative of the monitored discharge shall be taken from the required monitoring point and properly preserved in accordance with standard methods. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, twenty-four-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The Utilities Executive Director may waive flow-proportional composite sampling for any industrial user that demonstrates that such sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four (4) grab samples where the user demonstrates that such sampling method will provide a representative sample of the volume and nature of the effluent being discharged. Grab samples may be required whenever the Utilities Executive Director determines that composite samples are inappropriate. All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this Article shall be determined in accordance with procedures established by the EPA pursuant to Section 304(h) of the act and contained in 40 C.F.R., Part 136, as amended. If no special monitoring facility has been required, the point of sampling shall be as specified by the Utilities Executive Director.

(c) The Utilities Executive Director shall determine the measurements and analyses required and the frequency of sampling for each significant industrial user and include them as conditions of the user's industrial discharge permit. The Utilities Executive Director may impose mass limitations on industrial users that use flow equalization to meet applicable pretreatment standards or requirements and may impose them in other cases where mass limitations are appropriate..

(d) The industrial user may be required by the utility to perform sampling, flow metering and other self-monitoring at the user's own expense. The industrial user may also be required to deliver aliquots of samples to the utility's laboratory for optional analysis. Any user may contract with a private entity to provide such services as deemed necessary, including but not limited to the following:

(1) Monitoring equipment;

(2) Sampling; and

(3) Laboratory analysis.

(e) The industrial user's sampling methods, frequency of sampling and analysis of samples shall be subject to inspection and verification at any time. The industrial user shall maintain records of all information, resulting from its self-monitoring activities. Such records shall include for all samples:

(1) Dates, times, places and methods of sampling and the name of the person taking the sample;

(2) Dates and analytical methods/techniques used for analysis and who performed the analysis;

(3) Results of the analysis.

(f) If sampling indicates a violation, the industrial user shall resample and resubmit the results of the second sample to the utility within thirty (30) days after becoming aware of the violation. Routine, scheduled sampling may be used to meet this requirement. The industrial user may not be required to resample if the utility has performed sampling within thirty (30) days of the user becoming aware of the violation. The industrial user may, however, be required to reimburse the utility for the costs to the utility for such sampling.

(g) If the industrial user monitors more frequently than required any of the pollutants it is required to monitor, and uses test methods prescribed by 40 C.F.R. Part 136 or otherwise approved by EPA or specified in the industrial user's permit, the results of such additional monitoring shall be reported in the self-monitoring results submitted to the utility and shall be considered in determining compliance with the applicable discharge limits. Monitoring for pollutants upstream of the sample locations specified in the permit is considered process control and is exempt from the requirements of this Subsection.

(h) Any industrial user subject to the industrial pretreatment reporting requirements established by this Article shall be required to retain, for a period of five (5) years, any records of the monitoring activities and results (whether or not such monitoring activities are required by this Section) and shall make such records available for inspection and copying by the Utilities Executive Director. Said period of retention shall be extended to include the pendency of any litigation existing between the user and the utility or EPA or the Colorado Department of Public Health and Environment regarding the requirements of the industrial pretreatment program as they relate to the industrial user, or when requested by the Utilities Executive Director.

(Code 1972, § 112-75(G), (H); Ord. No. 166, 1986, § 1(112-136), 11-4-86; Ord. No. 109, 1990, §§ 6, 7, 10-16-90; Ord. No. 137, 1995, § 3, 11-21-95; Ord. No. 130, 2002, §§ 33, 34, 9-17-02; Ord. No. 062, 2007, § 5, 6-5-07; Ord. No. 020, 2010, § 6, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-319. Reporting requirements for permittee.Go to the top

(a) Generally. An industrial user subject to a self-monitoring program of sampling and analyses prescribed in its industrial discharge permit shall submit reports of its findings to the Utilities Executive Director as frequently as required by the permit. If the user is also subject to a categorical standard, additional reports such as baseline monitoring reports and periodic compliance reports will be required and shall be submitted in the time and manner prescribed by the industrial discharge permit or in accordance with 40 C.F.R. § 403.12.

(b) Compliance date report. Within ninety (90) days following the date for final compliance with an applicable pretreatment standard, including, but not limited to, any best management practices, an existing industrial user shall submit to the Utilities Executive Director a report verifying that the user's regulated discharge is in compliance with the applicable pretreatment standards and requirements. The report shall indicate the results of sampling and analysis of the discharge from each regulated process stream, including the average and maximum daily flow and the nature and quantity of the pollutants limited by the standard. The report shall also state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional. In the case of a new source, the industrial user shall file the report required by this Subsection within ninety (90) days of introducing industrial wastewater into the wastewater utility, together with such information as may be necessary to create a baseline report for monitoring compliance.

(c) Periodic compliance reports. After submitting the compliance date report, an industrial user subject to a pretreatment standard shall report the results of self-monitoring at least semiannually to verify continued compliance with the limits contained in the standard. These reports shall be submitted to the Utilities Executive Director during the months of June and December, unless required more frequently in the pretreatment standard or by the Utilities Executive Director, indicating for each regulated process stream the nature and quantity of pollutants limited by the pretreatment standards and a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in the compliance date report. The report shall include any documentation or data required in connection with any best management practices, and shall explain any problems or changes in the industrial processes, chemical usage or wastewa¬ter characteristics or flow. The report shall be signed by an authorized representative of the industrial user and the accuracy certified to by a qualified professional. In the discretion of the Utilities Executive Director and in considera¬tion of such factors as local high or low flow rates, holi¬days, budget cycles, etc., the Utilities Executive Director may agree to alter the months during which the above reports are to be submitted.

(d) Reports of noncompliance. If, for any reason, an industrial user does not comply with the effluent limitations specified in this Article or in the applicable permit, the industrial user shall notify the utility within twenty-four (24) hours after becoming aware of the violation. Initial notification shall be followed with a detailed written statement no later than five (5) working days after becoming aware of the violation, providing the following information:

(1) A description of the discharge and cause of noncompliance;

(2) The period of noncompliance, including the exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue, and the steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge; and

(3) If the noncompliance was a pH violation, the industrial user shall include a hard copy of all pH readings that were taken and stored during each calendar day of violation.

(e) Notification of changed discharge. An industrial user shall immediately notify the utility of any change in discharge location, any production increases or process modifications that will result in substantially new, different or increased discharge of pollutants. Process modifications include, but are not limited to, the introduction of new pollutants not previously reported by the industrial user or any other modification that may result in a discharge of a quantity or quality substantially different from that authorized by the applicable permit.

(f) Reports of other discharges. An industrial user shall immediately notify the utility of any discharge that could cause disruption of or damage to the utility's wastewater collection system, including, but not limited to, any slug loadings, spills or discharges not otherwise authorized by the applicable permit.

(g) Notification of hazardous waste discharges. If an industrial user discharges a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261, the industrial user may be required to report the discharge to the utility, Colorado Department of Public Health and Environment and EPA.

(1) This notification requirement applies if:

a. the discharge is greater than fifteen (15) kilograms of nonacute hazardous waste in any calendar month; and

b. the discharge contains any amount of acute hazardous waste.

(2) If the industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user:

a. an identification of the hazardous constituents contained in the wastes;

b. an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and

c. an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months.

(3) Discharges that are reported as part of pretreatment self-monitoring requirements are exempt from this requirement.

(4) The notification described in this Subsection need be submitted only once for each hazardous waste discharged.

(h) Recordkeeping requirement. Any industrial user subject to the reporting requirements established by this Article shall be required to retain, for a period of five (5) years, any reports required and all supporting rec¬ords and data including documentation associated with best management practices and shall make such records available for inspection and copying by the Utilities Executive Director. Said period of retention shall be extended to include the pendency of any litigation existing between the user and the utility or EPA or the Colorado Department of Public Health and Environment regarding the requirements of the industrial pretreatment program as they relate to the industrial user, or when requested by the Utilities Executive Director.

(Code 1972, § 112-75(C)(6); Ord. No. 166, 1986, § 1(112-37), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 020, 2010, § 7, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-320. Falsifying information.Go to the top

Any person who knowingly makes false statements, representations or certifications in any application, record, report, plan or other document filed with the utility or required to be maintained pursuant to the provisions of this Article, or of any permit or administrative order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Article, or of any permit or administrative order issued hereunder, commits a misdemeanor under this Code subject to punishment upon conviction as provided in § 1-15.

(Code 1972, § 112-76(L); Ord. No. 166, 1986, § 1(112-138), 11-4-86; Ord. No. 114, 1991, § 5, 10-15-91)

Sec. 26-321. Trade secrets.Go to the top

(a) Information and data on an industrial user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or some other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Utilities Executive Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics will not be recognized as confidential information. To claim trade secret protection, the user must specify at the time of submitting the reports or information that part sought to be protected.

(b) Information demonstrated to contain trade secrets or other confidential information shall be treated as confidential in accordance with 40 C.F.R. Part 2. The Utilities Executive Director may also provide confidential information to governmental agencies upon written request for use in making studies or for other uses related to enforcement of this Article but shall not transmit the protected portions until and unless the user concerned has been provided ten (10) days' written notification by certified mail or personal service.

(Code 1972, § 112-75(H)(1); Ord. No. 166, 1986, § 1(112-139), 11-4-86; Ord. No. 109, 1990, § 8, 10-16-90; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-322. Slug discharge control plans.Go to the top

The Utilities Executive Director shall evaluate, at least once every two (2) years, whether each significant industrial user needs a plan to control slug discharges. For purposes of this Section, a slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge. If the Utilities Executive Director decides that such a plan is needed, the plan shall contain at least the following elements:

(1) Description of discharge practices, including nonroutine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a specific prohibition under 40 C.F.R. § 403.5(b), with procedures for follow-up written notification within five (5) days;

(4) If necessary, procedures to prevent adverse impacts from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response; and

(5) If necessary, follow-up practices to limit damage suffered by the treatment plant or the environment.

(Ord. No. 109, 1990, § 9, 10-16-90; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-323. Adoption of the Effluent Guidelines and Standards.Go to the top

The "Effluent Guidelines and Standards" as promulgated by the United States Environmental Protection Agency (revised as of July 1, 1989) and found at Title 40, C.F.R. Chapter I, Subchapter N, be and hereby are adopted by reference and made a part of this Code as though fully set forth herein.

(Ord. No. 109, 1990, § 10, 10-16-90)

Sec. 26-324. Liquid waste hauler permits.Go to the top

(a) Liquid waste hauler permits may be issued by the utility to any person desiring to haul septage waste or wastewater for the purpose of discharge to the utility.

(b) Liquid waste hauler permittees shall be subject to all applicable provisions of this Article and all other applicable regulations, user charges and fees established by the City. Such permits may contain, without limitation, the following conditions and requirements:

(1) Limits on the types, concentrations and quantities of wastewater constituents and characteristics;

(2) Sampling and monitoring requirements;

(3) Limitations on the time, place and conditions of discharge;

(4) Reporting and certification requirements; and

(5) Other conditions and requirements deemed necessary by the utility to protect the POTW, receiving waters and the health, safety and welfare of the citizens of the City and the customers of the utility.

(c) Violation of any term or condition of a liquid waste hauler permit shall constitute a violation of this Article and shall subject the violator to punishment and enforcement remedies as authorized by this Article and § 1-15 of this Code.

(Ord. No. 39, 1994, § 3, 4-5-94; Ord. No. 46, 2001, § 3, 4-17-01; Ord. No. 020, 2010, § 8, 7-20-10)

Secs. 26-325—26-330. Reserved.

Division 6
Use Regulations
Go to the top

Sec. 26-331. Excessive discharge prohibited.Go to the top

It is unlawful for any person to discharge or cause to be discharged any stormwater, surface water, water from natural springs and groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process water or like waters into any sanitary sewer, except as authorized in writing by the Utilities Executive Director. Any person seeking authorization for such discharge shall make application to the City in accordance with Division 2 of this Article and shall pay all fees and charges as established pursuant to Division 4 of this Article. As a part of any application for such discharge, the applicant must also provide the Utilities Executive Director with a good and reliable estimate, made by a registered engineer authorized by profession to make such estimate of the quantity of water to be discharged, showing the peak day amount of discharge in number of gallons per day. Upon a finding by the Utilities Executive Director that:

(1) the applicant cannot reasonably discharge such water onto the applicant's own property for irrigation, piscatorial or other purposes;

(2) there exists no authorized stormwater facility within four hundred (400) feet of the property line of the property upon which the discharge is generated or, if such facility does exist within such distance, the requirement to connect to such facility would result in peculiar and exceptional practical difficulties to or undue hardship upon the applicant by reason of the existence of an extraordinary physical barrier or obstruction lying between such property and such facility;

(3) adequate capacity to accept the discharge exists within the affected sanitary sewer line;

(4) the discharge of such water into the sanitary sewer will not hinder or threaten to hinder the City's ability to comply with its NPDES permit requirements for the removal of BOD and TSS;

(5) such water is not contaminated with petroleum or other substances which could threaten or endanger the safe and efficient operation and maintenance of the City's wastewater collection and treatment system; and

(6) any improvements situated upon the property generating the discharge have not been constructed with careless or willful disregard for the need to protect such improvements from groundwater without utilizing the provisions of this Section; then the Utilities Executive Director may authorize such discharge upon the condition that the applicant first pay all additional plant investment fees required by this Article applicable to such excessive discharge and pay in a timely manner any additional monthly utility charges applicable to such excessive discharge. In the event that an authorized stormwater facility should, at some later time, become available for acceptance of the aforesaid discharge, the Utilities Executive Director shall have the right to terminate any authorization for discharge which has been given pursuant to this Subsection. If such authorization is so terminated, no further discharge into the sanitary sewer shall be permitted, and the Utilities Executive Director shall refund to the then-current owner of the property from which the discharge is generated all plant investment fees paid pursuant to this Subsection.

(Code 1972, § 112-68(B); Ord. No. 166, 1986, § 1(112-116), 11-4-86; Ord. No. 12, 1993, § 4, 2-16-93; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 020, 2010, § 9, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-332. Prohibitive discharge standards.Go to the top

No user whether or not subject to pretreatment standards or requirements shall contribute or cause to be contributed directly or indirectly any pollutant or wastewater that may interfere with the operation or performance of the wastewater utility or pass through the treatment system untreated or any pollutant or wastewater that is prohibited by the national prohibitive discharge standards. Without limiting the acts or discharge that may constitute a violation of this Section, a user shall not contribute any of the following wastewater, substances, materials or wastes into the utility's wastewater system:

(1) Any liquids, solids or gases which by reason or other nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the wastewater system or to the operation of the wastewater system or utility. At no time shall two (2) successive readings on any explosion hazard meter, at the point of discharge into the system, be more than five (5) percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter; prohibited materials include, without limitation, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, waste streams with a closed cup flash point of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Celsius, as determined using the test methods specified in 40 C.F.R. § 261.21, and any other substance which the City, the State or EPA has notified the user is a fire hazard or a hazard to the system;

(2) Any solid or viscous substance which could cause an obstruction to flow in the sewers or in any way could interfere with the treatment process, including without limitation: ashes, cinders, sand, mud, tars, gas, cement, plaster, stone or marble dust, asphalt residues, spent lime, wax, paraffin, paint, wood, sawdust, or shavings, straw, grass clippings, wastepaper, plastics, metals, glass, rags, paunch manure, animal bones, hooves or toenails, hides, hair or bristles, fat, fleshings or entrails, poultry heads, feet or feathers, whole blood, beer and distillery slops, grain processing wastes, grinding or polishing compounds, acetylene generation sludge, chemical residues, food processing bulk solids, residues from refining or processing of fuel or lubricating oil, and all other like solid materials, objects, refuse and debris;

(3) Garbage that has not been ground or comminuted to such a degree that all particles are less than one-fourth (¼) inch in any dimension and will be carried freely in suspension under conditions normally prevailing in public sewers;

(4) Any wastewater containing pollutants which either singly or by interaction with other substances result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems or otherwise cause injury or interference with the wastewater collection system or treatment process, or create any hazard or toxic effect in the receiving waters or exceed the limitations for toxic pollutants set forth in § 26-340 or in categorical standards;

(5) Excessive amounts of ammonia nitrogen or substances readily converted thereto or any other substance which will cause the City to violate its NPDES permit or the receiving water quality standards;

(6) Any substance that may cause the effluent or any other product of the City's wastewater treatment plants, such as residues, sludges or scums, to be unsuitable for reclamation and reuse, or to interfere with the reclamation process where the City is pursuing a reuse and reclamation program, or cause the City to be in noncompliance with federal or state sludge use or disposal criteria, guidelines or regulations;

(7) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow and/or pollutant concentration that will cause interference with the wastewater system;

(8) Any wastewater containing any radioactive wastes or isotope of such half-life or concentration as may exceed limits stated in the "Rules and Regulations Pertaining to Radiological Control," published by the State Department of Public Health and Environment;

(9) Any wastewater with objectionable color not removable in the treatment process, such as but not limited to, dye wastes, paint pigments and vegetable tanning solutions;

(10) Any wastewater having a pH less than 5.0 or more than 11.0 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the utility;

(11) Any wastewater having a temperature which will cause the temperature of the influent to the wastewater treatment plant to exceed forty (40) degrees Celsius or inhibit the biological activity in the wastewater system;

(12) Any petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin or any other FOG in amounts that will cause interference or pass through;

(13) Wastes from septic tank pumpage or vaults, or any other trucked or hauled pollutants unless pursuant to a permit issued by the utility designating the permitted point or points of discharge;

(14) Any wastewater containing BOD, dissolved solids or suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant unless pursuant to a specific written agreement with the utility;

(15) Any material or substance not specifically mentioned in this Section which in itself is corrosive, irritating or noxious to human beings and animals or which by interaction with other water or waste in the public sewer system could produce undesirable effects such as preventing entry into the sanitary sewer for its maintenance and repair or create any other condition deleterious to structures, treatment processes and quality of the receiving waters.

(Code 1972, § 112-68(C); Ord. No. 166, 1986, § 1(112-117), 11-4-86; Ord. No. 14, 1989, § 4, 2-21-89; Ord. No. 109, 1990, § 11, 10-16-90; Ord. No. 46, 2001, § 4, 4-17-01; Ord. No. 020, 2010, §§ 9, 10, 7-20-10)

Sec. 26-333. Specific pollutant limitations.Go to the top

(a) No person shall discharge wastewater containing pollutants in excess of the limitations on discharge set forth in § 26-340 of this Article unless permitted by the terms and conditions of an industrial wastewater discharge permit.

(b) Any material or substance entering into the public sewer which interferes with the wastewater system, even if it is within the concentration limitations stated in § 26-340, may be prohibited upon written notice by the Utilities Executive Director.

(Code 1972, § 112-68(C); Ord. No. 166, 1986, § 1(112-118), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 020, 2010, §§ 9, 11, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-334. Accidental discharges.Go to the top

(a) Accidental discharge program required. Each industrial user shall provide to the utility written procedures for preventing and handling accidental discharge of materials or substances prohibited or regulated by this Article at the time of application for an industrial discharge permit or upon thirty (30) days' written notice from the utility, whichever first occurs. The user may also be required to provide and maintain containment facilities at the user's expense.

(b) Notice to employees. Each industrial user shall permanently post on a bulletin board or other prominent place at each area of possible accidental discharge a spill prevention and notification procedure in compliance with this Section. Users shall ensure that all employees whose work may cause dangerous discharges or who monitor discharges are advised of the accidental discharge and emergency notification procedures.

(c) Emergency notification procedure. In the case of an accidental discharge, the user shall immediately notify the utility of the incident. The notification shall include location of the accidental discharge, type, concentration and volume of waste, and corrective actions taken. Within five (5) working days following the accidental discharge, the industrial user concerned shall submit to the Utilities Executive Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences.

(d) Liability, revocation. An accidental discharger is liable for any expense, loss, damage or liability that may be incurred from injury to the wastewater system or quality of the receiving waters, fish kills or injury to persons or property and compliance with the notification requirements of this Section does not relieve the user from such liability nor from any other liability or civil penalty which may be imposed by this Article or other applicable law. Failure to report accidental discharges may, in addition to any other remedies, result in the revocation of the user's industrial discharge permit.

(Code 1972, § 112-68(I); Ord. No. 166, 1986, § 1(112-119), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 020, 2010, § 11, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-335. Upsets.Go to the top

(a) Effect of an upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of Subsection (b) are met.

(b) Conditions necessary for a demonstration of upset. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and the industrial user can identify the cause(s) of the upset;

(2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures;

(3) The industrial user has submitted the following information to the utility within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five [5] days):

a. a description of the indirect discharge and cause of noncompliance;

b. the period of noncompliance, including exact dates and times, or, if not corrected, the anticipated time the noncompliance is expected to continue;

c. steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

(c) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.

(d) Reviewability of utility consideration of claims of upset. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards.

(e) User responsibility in case of upset. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

(Ord. No. 020, 2010, § 12, 7-20-10)

Sec. 26-336. Bypass.Go to the top

(a) Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsections (b) and (c) of this Section.

(b) Notice.

(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the utility, if possible at least ten (10) days before the date of the bypass.

(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the utility within twenty-four (24) hours from the time the industrial user becomes aware of the bypass. Initial notification shall be followed with a detailed written statement no later than five (5) working days after becoming aware of the violation, providing the following information:

a. a description of the discharge and cause of the bypass; and

b. the duration of the bypass, including the exact dates and times, or, if the bypass has not been corrected, the anticipated time it is expected to continue, and the steps being taken to reduce, eliminate and prevent recurrence of the bypass.

(3) The Utilities Executive Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

(c) Prohibition of bypass.

(1) Bypass is prohibited, and the Utilities Executive Director may take enforcement action against an industrial user for a bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

c. The industrial user submitted notices as required under Subsection (b) of this Section.

(2) The Utilities Executive Director may approve an anticipated bypass, after considering its adverse effects, if the Utilities Executive Director determines that it will meet the three (3) conditions listed in Paragraph (1) of this Section.

(Ord. No. 020, 2010, § 13, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-337. Variances.Go to the top

Provided that the pretreatment standards set forth in this Article and in the act and related regulations continue to be met, along with all requirements applicable to discharges from the POTW, the Utilities Executive Director may issue a variance from specific requirements for industrial wastewater of unusual strength or character or not in compliance with the prohibitive discharge standards or § 26-340 of this Article in order to allow such discharge to be admitted to the wastewater system under an industrial discharge permit or pursuant to a written agreement between the City and any user, upon such terms and conditions and for such periods of time as may be deemed reasonable by the utility. Such variances or agreements shall not be construed to waive any applicable pretreatment standards. The user will be required to compensate the utility for any additional costs of surveillance, testing and treatment.

(Code 1972, § 112-68(C); Ord. No. 166, 1986, § 1(112-120), 11-4-86; Ord. No. 020, 2010, §§ 9, 14, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-338. Pretreatment.Go to the top

(a) In addition to providing protection against accidental discharges, an industrial user shall provide all preliminary treatment of its wastewater necessary to bring its discharge in compliance with the prohibitive discharge standards, pollutant limitations and pretreatment standards and requirements before the wastewater is discharged to a public sewer.

(b) To accomplish the preliminary treatment, the Utilities Executive Director may require that each industrial user provide and operate pretreatment facilities at the user's expense. Detailed plans showing the proposed facilities and operating procedures shall be submitted to and approved by the City prior to construction of the facility. Review and approval of such plans does not relieve the industrial user from the responsibility of modifying the facility as may become necessary to produce an effluent acceptable to the City under the requirements of this Article. Any subsequent changes in the pretreatment facilities or the method of operation shall be reported to and be acceptable to the City prior to the user's initiation of changes. Once installed, pretreatment facilities shall be maintained continuously in satisfactory and effective operation by the user at self-expense.

(c) This Section applies to existing industrial users as well as to new sources. Existing users shall submit pretreatment plans within thirty (30) days of notification by the utility to do so or prior to introducing any industrial wastewater into the public sewer under a new or altered use of the premises.

(Code 1972, § 112-75(A)(4); Ord. No. 166, § 1(112-121), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 020, 2010, § 15, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-339. Interceptors.Go to the top

(a) Grease, oil or sand interceptors or other pretreatment facilities shall be provided for laundries, restaurants, service stations, auto repair shops, car washes and other nonresidential facilities when, in the opinion of the Utilities Executive Director, they are necessary for the proper handling of liquid wastes containing FOG in excessive amounts, any flammable wastes, acid or alkaline substances, sand, or other harmful ingredients.

(b) Interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight. Interceptors are subject to the requirements of the plumbing code.

(c) All interceptors shall be maintained by the owner, at self-expense, in continuously efficient operation at all times and the owner shall keep records of the dates and means of disposal of captured material which are subject to review by the utility. Any removal and hauling of the collected materials not performed by owner or occupant personnel must be performed by currently licensed waste disposal firms.

(Ord. No. 166, 1986, § 1(112-122), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 020, 2010, § 16, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-340. Discharge limitations.Go to the top

(a) Concentration-based limitations. The following pollutant limitations shall apply to all significant industrial users. The limits for oil and grease and pH shall also apply to all commercial dischargers.

ParameterMaximum Concentration (mg/l)Sample Type
Arsenic, total0.037composite
Boron, total3.40composite
Cadmium, total0.028composite
Chromium, hexavalent0.27grab
Chromium, total2.29composite
Copper, total0.37composite
Cyanide, amenable0.13grab
Cyanide, total1.48grab
Lead, total0.15composite
Manganese, total28.5composite
Mercury, total0.0009composite
Molybdenum, total0.12composite
Oil and grease187grab
pH, minimum5.0grab
pH, maximum11.0grab
Nickel, total0.40composite
Selenium, total0.059composite
Silver, total0.086composite
Temperature (° C)65.0grab
Zinc, total1.83composite

(b) Pollutant loadings from commercial dischargers. The Utilities Executive Director may limit the discharge of pollutants from commercial dischargers as necessary to meet the discharge limits applicable to the POTW pursuant to the act, and a NPDES permit or other legal limit or requirement.

(c) Silver from photograph and x-ray development. For each photograph or x-ray development process, silver removal treatment shall be provided downstream of the development process. The silver removal equipment shall be operated in a continuously efficient condition that maintains the concentration of silver in discharges resulting from the development of photographs or x-rays to a maximum of one hundred (100) mg/L. Grab samples for demonstrating treatment efficiency shall be collected downstream of treatment and prior to dilution with other wastewater. The grab samples shall not be acidified prior to analysis.

(d) Volatile organic compounds. Organic compounds that may cause or result in toxic fumes or vapors in the wastewater collection system are limited to a maximum concentration in discharges of wastewater calculated by the formula:

Maximum Concentration in mg/l = (TLV/TWA)/HLC

Where:

TLV/TWA = The compound's Threshold Level Value/Time-Weighted Average in mg/m3 as listed in the American Conference of Governmental Industrial Hygienists' Guide to Occupational Exposure Values-1992, or latest edition

HLC = The compound's Henry's Law Constant in (mg/m3)/mg/l)

(e) Mercury from dental offices. No dental office shall discharge wastewater generated from the placement or removal of dental amalgam containing mercury unless said dental office has installed the equipment described in, and conducts its operations in accordance with, the following best management practices:

(1) All dental chairs shall be equipped with chair-side traps. Said chair-side traps shall be cleaned and maintained as needed to assure their continued effective operation.

(2) All vacuum pumps shall be equipped with traps or filters. Said traps or filters shall be cleaned and maintained in the manner specified or recommended by the manufacturer of the same.

(3) Cleaning of amalgam-contaminated traps, filters and other equipment shall be conducted in a manner reasonably expected to minimize the discharge of wastewater.

(4) All wastewater generated from the placement or removal of dental amalgam or the cleaning of amalgam traps or filters shall be discharged through an amalgam separator that:

a. Has been ISO 11143 certified;

b. Has been installed, and is operated and maintained according to the manufacturer’s specifications; and

c. Achieves a minimum mercury removal efficiency of ninety-five (95) percent.

(5) Cleaners that contain chlorine bleach, other oxidizing compounds or corrosive compounds that mobilize mercury shall not be used in any waste lines or drains connected to the amalgam separator.

(6) All dental amalgam wastes shall be stored in structurally sound, tightly closed and appropriately labeled containers.

(7) All dental amalgam waste shall be transferred to an offsite recycling facility for recycling of mercury or shall be managed and disposed of in accordance with applicable federal, state and local hazardous waste laws and regulations.

(8) The following documentation shall be established and maintained for no less than three (3) years in a location and manner so as to permit review by the City upon request:

a. The manufacturer and model of any amalgam separator in use;

b. The date of installation of any amalgam separator in use;

c. The name and address of the facility to which any waste amalgam is shipped;

d. The date and amount of any waste amalgam shipped; and

e. Documentation of any maintenance performed on any amalgam separator.

(9) The Utilities Executive Director may request that any user operating a dental office provide such information regarding installation and operation of equipment, or the purchase, use, storage, recycling or disposal of dental amalgam as the Utilities Executive Director determines to be reasonably necessary to determine compliance with the requirements of this Subsection 26-340(e), and any such user shall provide said requested information in accordance with the terms of the Utilities Executive Director's request.

(f) Best management practices. The Utilities Executive Director may impose such additional schedules of activities, prohibitions of practices, maintenance procedures, and other management practices as he or she determines to be necessary to implement the prohibitions listed in 40 C.F.R. § 403.5(a)(1) and (b) and § 26-332 of this Article, such as treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Such best management practices shall be considered local limits and are pretreatment standards for the purposes of 40 C.F.R. § 403.5 and Section 307(d) of the act.

(g) No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any applicable limitations set by this Article.

(Ord. No. 105, 1993, 10-19-93; Ord. No. 46, 2001, § 5, 4-17-01; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 094, 2004, § 2, 7-6-04; Ord. No. 062, 2007, § 6, 6-5-07; Ord. No. 020, 2010, §§ 9, 17, 7-20-10; Ord. No. 080, 2011, § 1, 9-6-11)

Secs. 26-341—26-343. Reserved.

Division 7
Enforcement
Go to the top

Sec. 26-344. Discharge in violation of prohibitions and limitations.Go to the top

(a) Regulatory actions. If wastewater containing any substance described in the discharge prohibitions or in excess of pollutant limitations is being or has been discharged or is proposed to be discharged into the wastewater utility, the Utilities Executive Director, by administrative order or any other procedure or measure authorized by this Article, may:

(1) Prohibit the discharge of the wastewater;

(2) Require payment from the person making, causing or allowing the discharge to cover the added cost of handling and treating the offending wastewater;

(3) Require pretreatment of the wastewater to a condition acceptable for discharge to the public sewer;

(4) Require control over the quantities and rates of discharge through storage facilities and flow equalization;

(5) Require the installation of dual systems and service lines to separate the discharge of industrial wastewater from the discharge of sanitary wastewater;

(6) Require the installation or modification of accidental discharge procedures and facilities as necessary;

(7) Take such other or further remedial or enforcement action as is authorized under this Article.

(b) Rejection of wastewater. The Utilities Executive Director may immediately halt or eliminate an actual or threatened discharge of any liquid, solid or other material including, but not limited to wastewater, into the wastewater utility without prior written notice if the Utilities Executive Director determines that such discharge:

(1) Presents an imminent substantial endangerment to the health or welfare of persons or to the environment; or

(2) Will result in interference with the wastewater system; or

(3) Will cause the City to violate its NPDES permit; or

(4) Will result in pass through.

(c) Notification. Except in the case of a spill where accidental discharge procedures must be followed pursuant to Subsection 26-399(c), the user concerned shall notify the utility within twenty-four (24) hours of becoming aware of any discharge in violation of this Article, or of a permit or administrative order issued hereunder. The user's initial notification shall be followed within five (5) working days by a detailed written statement to the Utilities Executive Director from the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.

(Code 1972, § 112-76(D); Ord. No. 166, 1986, § 1(112-143), 11-4-86; Ord. No. 14, 1989, § 6, 2-21-89; Ord. No. 114, 1991, § 6, 10-15-91; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-345. Revocation of permit.Go to the top

(a) The Utilities Executive Director may revoke an industrial discharge permit and terminate water and/or wastewater services of any permittee who:

(1) Violates any condition stated in the permit, any provision of this Article, any provision of an administrative order issued under this Article, or any applicable state or federal law, rule or regulation;

(2) Fails to report an accidental discharge of a toxic pollutant;

(3) Increases the use of process water or attempts to dilute its discharge for the sole purpose of achieving compliance with any limitations;

(4) Falsifies any report of the wastewater constituents and discharge characteristics;

(5) Fails to report significant changes in operations or wastewater constituents and characteristics;

(6) Tampers with, disrupts, or destroys City monitoring and sampling equipment or facilities;

(7) Refuses reasonable access to its premises for the purpose of inspection or monitoring; or

(8) Fails to pay any fees or charges.

(b) If the Utilities Executive Director finds one (1) of the grounds in Subsection (a) of this Section or any other ground for revocation in this Article, the Utilities Executive Director may issue a cease and desist order either revoking the permit for the remainder of its term or suspending it for any shorter period according to severity of the violation, its effect on public health, safety and welfare, and the time during which the violation can be remedied if at all.

(c) Any user notified by a cease and desist order of the revocation of its industrial discharge permit or privilege to use the wastewater utility shall immediately stop or eliminate the offending discharge. If the user fails to voluntarily comply with the cease and desist order, the Utilities Executive Director may turn off City water to the premises and, when necessary to prevent or minimize damage to the wastewater utility, harm to any individual, or harm to the environment, disconnect the wastewater service.

(d) The Utilities Executive Director may reinstate the industrial discharge permit and the privilege to use water and/or wastewater utility service upon proof that the violation of this Article, or of a permit or administrative order issued hereunder, has been eliminated and upon the payment by the user of all costs and expenses incurred by the utility as a result of the violation, on account of the suspension of service, and for the restoration of water and/or wastewater service.

(Code 1972, § 112-76(D)(2)(E); Ord. No. 166, 1986, § 1(112-144, 145), 11-4-86; Ord. No. 114, 1991, § 7, 10-15-91; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-346. Notice of violation.Go to the top

Whenever the Utilities Executive Director finds that any user has violated or is violating this Article, or a permit or administrative order issued hereunder, the Utilities Executive Director may have served upon said user a notice of violation. The notice may require from the user an explanation of the violation and the submission of a satisfactory plan for the correction and prevention thereof. Submission of the plan and completion of any related actions shall not relieve the user of liability for any violations of this Article occurring before or after receipt of the notice or prevent the Utilities Executive Director from taking any other enforcement action authorized under this Article.

(Ord. No. 114, 1991, § 8, 10-15-91; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-347. Administrative orders.Go to the top

Whenever the Utilities Executive Director finds that any user has violated or is violating this Article, or a permit or administrative order issued hereunder, the Utilities Executive Director may have served upon said user an administrative order. Such order may be a compliance order, a show cause order, a cease and desist order, or an order assessing an administrative fine. Compliance with an administrative order shall not relieve the user of liability for any violations occurring before or after the issuance of the administrative order or prevent the Utilities Executive Director from taking any other enforcement action authorized under this Article.

(Ord. No. 114, 1991, § 9, 10-15-91; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-348. Consent orders.Go to the top

The Utilities Executive Director is authorized to enter into consent orders establishing an agreement with any user responsible for noncompliance with the provisions of this Article, or of a permit or administrative order issued under this Article. Such orders shall include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. The consent order shall have the same force and effect as administrative orders issued pursuant to this Article.

(Ord. No. 114, 1991, § 9, 10-15-91; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-349. Show cause hearing.Go to the top

Whenever the Utilities Executive Director finds that any user has violated or is violating this Article, or a permit or administrative order issued hereunder, the Utilities Executive Director may hold a show cause hearing. A show cause order specifying the time and place of the hearing, the reason for the hearing, any proposed enforcement action, and a request that the user show cause why the proposed enforcement action should not be taken, shall be served on the user. The show cause order shall be served on the user at least ten (10) days prior to the hearing. Whether or not a duly notified user appears or is represented at the hearing, the Utilities Executive Director may immediately pursue any other enforcement action authorized under this Article.

(Ord. No. 114, 1991, § 9, 10-15-91; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-350. Administrative fines.Go to the top

Whenever the Utilities Executive Director finds that any user has violated or is violating this Article, or a permit or administrative order issued hereunder, the Utilities Executive Director may issue and serve on the user an administrative order assessing an administrative fine against the user. The Utilities Executive Director may assess an administrative fine of up to one thousand dollars ($1,000.) for each violation. Each day on which noncompliance continues shall be deemed a separate and distinct violation. A violation of a monthly average discharge limitation shall be considered to be the number of violations equal to the number of days of the user's discharge into the wastewater system during the month. Such assessed fines may be added to the user's next scheduled sewer service charges and if not paid may be collected as other delinquent utility charges under this Chapter. Such unpaid fines shall also constitute a perpetual lien as provided in § 26-718 against the real property to which the sewer service is provided to the user. Payment of an administrative fine shall not relieve the user of any other liability provided for under this Article or prevent the Utilities Executive Director from taking any other enforcement action authorized under this Article.

(Ord. No. 114, 1991, § 9, 10-15-91; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-351. Administrative appeal procedure.Go to the top

(a) Any permit applicant, permit holder or user affected by and dissatisfied with any decision, action, administrative order, assessment of administrative fine, or determination made and issued by the Utilities Executive Director in interpreting, enforcing or implementing the provisions of this Article, or the provisions of any permit or administrative order issued under this Article, shall file with the Utilities Executive Director a written request for reconsideration within ten (10) working days of such decision, action, administrative order or determination, setting forth in detail the facts supporting the request, whereupon the Utilities Executive Director shall hold a hearing within ten (10) working days of such request. All requests for reconsideration shall be acted upon by the Utilities Executive Director within ten (10) working days from the date of the hearing. The decision, action, administrative order or determination shall remain in effect during the reconsideration period.

(b) If the person requesting the reconsideration is not satisfied with the final decision of the Utilities Executive Director and wishes to appeal the decision, such person shall appeal the Utilities Executive Director's final decision to the City Council, which appeal shall be filed and conducted in accordance with the appeals procedure provided in Division 3 of Article II of Chapter 2 of this Code, and shall be subject to all the same terms and conditions applicable to appeals by appellants from boards and commissions of the City as provided in Division 3.

(Code 1972, § 112-76(K); Ord. No. 166, 1986, § 1(112-146), 11-4-86; Ord. No. 114, 1991, § 10, 10-15-91; Ord. No. 137, 1995, § 4, 11-21-95; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-352. Civil liability.Go to the top

Any user who has violated or continues to violate this Article, or any permit or administrative order issued hereunder, shall be liable to the City for a civil penalty of not more than ten thousand dollars ($10,000.), plus any actual damages incurred by the City, per violation per day for as long as the violation continues. In addition to the above-described penalty and damages, the City may recover from the user the City's reasonable attorney's fees, court costs and other expenses incurred as a result of its enforcement activities, including sampling and monitoring expenses. If the user fails to voluntarily pay to the City the civil penalty, the City may commence a legal action in a court of competent jurisdiction for recovery of such sums. In determining the amount of the user's liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained by the user from the violation, corrective actions taken by the user, the compliance history of the user, and any other factors as justice requires.

(Ord. No. 114, 1991, § 11, 10-15-91)

Sec. 26-353. Legal and injunctive relief.Go to the top

If any user discharges into the wastewater utility contrary to the provisions of this Article, or any permit or administrative order issued hereunder, or any federal or state pretreatment requirements or commits any other act contrary to said provisions, permits or orders, the City may commence an action for appropriate legal and/or equitable relief, including, without limitation, a temporary restraining order, preliminary injunction and/or permanent injunction against the violator. In such event, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation from the violator if the City prevails in the litigation.

(Code 1972, § 112-76(F); Ord. No. 166, 1986, § 1(112-147), 11-4-86; Ord. No. 109, 1990, § 12, 10-16-90; Ord. No. 114, 1991, § 12, 10-15-91)

Sec. 26-354. Civil liability for expenses and fines.Go to the top

(a) Any person violating the provisions of this Article, or of any permit or administrative order issued hereunder, shall be liable to the City for any expense, loss or damage caused the City by reason of such violation including, without limitation, the increased costs for managing effluent and sludge, when such increases are the result of the user's discharge. Such charges will be added to a user's service charges and if not paid may be collected as other delinquent utility charges under this Chapter.

(b) If a user discharges pollutants that cause the City to violate any condition of its NPDES permit and to be fined by EPA or the State for such violation, the user shall be liable to the City for the total amount of the fine assessed against the City including without limitation, all legal, sampling and analytical testing costs. Such fine will be added to the user's service charges and if not paid may be collected as other delinquent utility charges under this Chapter. Such unpaid fine shall also constitute a perpetual lien as provided in § 26-718 against the real property to which the sewer service is provided to the user.

(Code 1972, § 112-76(G); Ord. No. 166, 1986, § 1(112-148), 11-4-86; Ord. No. 114, 1991, § 13, 10-15-91)

Sec. 26-355. Criminal violation.Go to the top

Any person who knowingly violates any provision of this Article, or of any permit or administrative order issued hereunder, or any federal or state law or regulation adopted by reference by this Article, or any rules and regulations promulgated under this Article, shall be guilty of a criminal misdemeanor subject to punishment upon conviction as provided in § 1-15. Each day on which a violation occurs shall be deemed a separate and distinct violation. A violation of a monthly average discharge limitation shall be considered to be the number of violations equal to the number of days of the user's discharge into the wastewater system during the month.

(Ord. No. 114, 1991, § 14, 10-15-91; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 020, 2010, § 18, 7-20-10)

Sec. 26-356. Service.Go to the top

Any notice of violation or administrative order required to be served by this Article on a user shall be made by personal service or by mailing such notice or order by certified mail, return receipt requested, to the last known address of the user. If required by this Article or by any state or federal law, a notice advising a person or user of the enactment of an applicable pretreatment standard or requirement shall be served in the same manner.

(Ord. No. 114, 1991, § 15, 10-15-91)

Sec. 26-357. Public notification.Go to the top

The City shall, at least annually, publish in the largest daily newspaper in the City a list of industrial users which, at any time during the previous twelve (12) months, were in significant noncompliance. A summary of related enforcement actions taken shall be included in such publication.

(Ord. No. 166, 1986, § 1(112-149), 11-4-86; Ord. No. 109-1990, § 13, 10-16-90; Ord. No. 114, 1991, § 16, 10-15-91)

Sec. 26-358. Remedies cumulative.Go to the top

It is the purpose of this Article to provide additional and cumulative remedies to prevent, control and abate water pollution; to protect water quality; to protect the wastewater system; to protect the health, safety and welfare of the public; and to protect the environment. Nothing in this Article shall be deemed to abridge, affect, preclude or alter any rights of action or remedies available to the City under any other provisions of this Code or under any state or federal law, rule or regulation.

(Ord. No. 114, 1991, § 17, 10-15-91)

Secs. 26-359—26-365. Reserved.


ARTICLE V.Go to the top
EXTENSION OF WATER AND WASTEWATER SYSTEMS*

Sec. 26-366. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Utility shall mean the water and wastewater utilities of the City.

(Ord. No. 167, 1986, § 1(112-156(A)), 11-4-86; Ord. No. 8, 1996, § 16, 2-20-96; Ord. No. 211, 1998, § 10, 12-1-98; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 26-367. Rules and regulations.Go to the top

The Utilities Executive Director may promulgate rules and regulations consistent with the provisions of this Article for the administration of water and wastewater system extensions and oversizing and the implementation of this Article, including the establishment of standard specifications for construction of water and wastewater improvements and other technical specifications as provided in § 26-29 of this Chapter. Such rules and regulations are effective upon approval of City Council by ordinance, will have the same force and effect as provisions of this Chapter, and shall be enforceable pursuant to the terms of this Chapter and as provided in § 1-15 of this Code.

(Code 1972, § 112-74(A); Ord. No. 167, 1986, § 1(112-156(B)), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 163, 2011, § 7, 12-6-11)

Sec. 26-368. Water and sewer main extensions.Go to the top

(a) Location. All water mains and public sewers shall be installed only in the dedicated public streets or alleys or in easements that grant to the City rights that are at least equal to rights it would enjoy in the dedicated streets or alleys.

(b) Specifications. The size of the mains required to serve any part of the City shall be determined by the Utilities Executive Director. No water main less than six (6) inches in diameter shall be placed in the water distribution system. The slope, depth, alignment and materials of construction of the mains and the methods to be used in excavation, placing of the pipe, jointing, testing, and backfilling the trench and all other work shall conform to the requirements of this Code, any specifications promulgated by the City and laws, rules and regulations of federal, state and local entities. In the event of a conflict, the rules and regulations promulgated by the Utilities Executive Director shall control. All phases of water main and public sewer construction shall be inspected and approved by the City.

(c) Licenses. No person except an employee of the City or a person licensed as a contractor in the public right-of-way under Article XI of this Chapter shall excavate or install water or sewer lines in public streets, alleys or sidewalks.

(d) Private development projects. All water mains, including cross-connecting mains, and public sewers required to serve a platted subdivision or Planned Unit Development or other significant development shall be installed by the subdivider developer in accordance with § 26-369 of this Article.

(e) Maintenance. Once the public waterlines and sewers and appurtenances have become part of the water and wastewater utilities, their maintenance is assumed by the City.

(Code 1972, § 112-41; Ord. No. 167, 1986, § 1(112157), 11-4-86; Ord. No. 126, 1990, 11-20-90; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-369. Subdivisions and developments.Go to the top

(a) All persons, contractors, builders, operators, subdividers and developers shall comply with this Code, Colorado Site Application Procedures and rules and regulations of the City for obtaining written approval of any proposed water distribution facilities and wastewater collection facilities for mobile home parks, Planned Unit Developments, subdivisions or other developments prior to the recording of the plats and shall pay all required utility charges and fees.

(b) A developer shall install at self-expense all mains, service lines and other appurtenances to, in and through the development. The City shall participate in the developer's cost of installing oversized mains as provided in § 26-371. The City may also accommodate the developer by attempting to collect reimbursement fees from properties outside the development benefited by the developer's extensions of mains through undeveloped areas as provided in § 26-372.

(c) The plans and specifications for the installation of mains, service lines and other appurtenances shall be part of the utility plan submitted to the City for approval under subdivision, zoning or other ordinances and such facilities shall be installed in accordance with the plans and specifications approved by the utility. Approval by the City of any plans and specifications submitted shall be revocable upon a finding that such plans and specifications are insufficient for the purposes intended, and the City shall incur no liability for such revocation. Utility approval of waterline and sewer plans expires two (2) years after such approval and failure to install such utility lines or any portion thereof within two (2) years of the original approval of the utility plan requires resubmission of the waterline and sewer plans to the utility for further review and approval. The approval period may be extended once for six (6) months if application for extension is made to the utility prior to the expiration of the two-year period.

(d) The developer shall install water and sewer mains to the farthest point or points of the property to be served when in the opinion of the Utilities Executive Director such extension is desirable to provide for future extensions of the water and wastewater systems.

(e) No water service or sewer connection permits are required of the developer for installation of mains and service line stubs in the development. However, such permits are required before water and wastewater services are activated pursuant to Articles III and IV of this Chapter.

(f) Mylar reproducible "as-built" plans bearing the registered civil engineer's seal and number shall be submitted by the developer to the utility after inspection and approval of the installation of the waterlines and sewers and prior to the final acceptance of utility improvements by the City. When waterlines and sewers and their appurtenances have been installed in a public street or easement pursuant to the requirements of this Code and have been inspected and accepted by the City, then such water mains and water taps, public sewers, fire hydrants and other public appurtenances become the property of the City and a part of the water and wastewater utilities.

(Code 1972, §§ 112-42, 112-72; Ord. No. 167, 1986, § 1(112-158), 11-4-86; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-370. Public construction projects.Go to the top

(a) Before any street or alley is paved, the City shall cause to be installed such water and sewer mains as deemed necessary or desirable by the utility to provide for future extensions of the water and wastewater systems. In such event or if there are existing mains in the street or alley to be paved, the City shall also cause to be installed such water and sewer service line stubs from the mains to property lines as desired by abutting property owners or as deemed necessary by the utility to serve the adjacent area when fully developed. When adjacent owners desire to connect to the service line stubs so installed, they shall obtain the appropriate connection permits and pay any reimbursement charges assessed on account of the extension of the water and wastewater systems, in addition to any required plant investment fees and tap charges. The City may also order the owners of adjacent properties to connect their premises with the water and sewer mains at the time of the paving pursuant to §§ 22-42 and 26-236.

(b) Extension of water and sewer lines to serve property within the City may be financed by special assessment against the benefited property as provided in Chapter 22. The City may pay the cost attributable to any property in an improvement district which cannot be assessed its full share of the cost of the utility lines because of the limitation based on value of property and collect the balance of the full assessment from the affected property owner at the time of issuance of the water service and/or sewer connection permits.

(c) The existence of private mains and service lines connected to the water and wastewater utilities does not affect the assessability of the property for sewers and waterlines constructed by the City or by others in accordance with City specifications. When private mains are replaced by City mains, no credit against the amount that would otherwise be assessed to the property shall be allowed for the existing private mains.

(Ord. No. 167, 1986, § 1(112-159), 11-4-86)

Sec. 26-371. Oversizing.Go to the top

(a) If the utility requires a developer to install water and sewer mains for a subdivision or development of a size or capacity greater than that necessary to serve the new development, the City shall pay the extra expense caused by the oversizing.

(b) In order to obtain oversizing payments from the City, the developer must provide copies of the following:

(1) Completed bid forms from at least three (3) qualified contractors with an indication of which contractor was awarded the project. The bid forms must contain the description, estimated quantity and unit price for each item included in the project. Each bid must be genuine and not a collusive or sham bid;

(2) The contractor's application for final payment as approved by the developer's engineer;

(3) A letter from the developer and/or contractor certifying final payment has been received by the contractor;

(4) A letter of acceptance from the City Engineer certifying the water and sewer lines were installed in conformance with City standards and specifications; and

(5) Any other information deemed necessary by the Utilities Executive Director.

(c) The City will reimburse the developer for a portion of the fees incurred by the developer for engineering services related to the water and sewer line project in accordance with the compensation curves included in American Society of Consulting Engineers Manual No. 45, "A Guide for the Engagement of Engineering Services," and with the rules, regulations, policies and procedures of the utility. The City will not contribute more than the total amount of the fee paid to the engineer by the developer. Prior to payment of any portion of the engineering fees by the City, the developer must provide a copy of the following:

(1) An invoice from the developer's engineer for any fees assessed on the project; and

(2) A letter from the developer and/or engineer certifying final payment of engineering fees.

(d) If the developer has complied with the requirements of the City in installing the water and sewer lines and has supplied to the utility in a timely manner the information required by this Section, the City will pay that proportion of the developer's costs for materials and labor attributable to the oversizing requirement as determined by the Utilities Executive Director in accordance with the following tables:

(1) Percentage of costs to be paid by the City for oversizing water mains:

Size of main used as basis
for oversizing (in inches)
Size of main installed
12" 16" 20" 24"
830%49%64%72%
1230%48%60%
1629%45%
2023%

(2) Percentage of costs to be paid by the City for oversizing sewer mains:

Size of main used as basis
for oversizing (in inches)
Size of main installed
10"12"15"18"21"24"
87%14%41%55%65%70%
10— 7%37%51%62%68%
12— — 32%48%60%66%
15— — — 23%41%49%
18— — — — 22%34%
21— — — — — 15%

(e) The books and records of the developer relating to the costs of water and sewer lines in which the utility is participating shall be open to the City at all reasonable times for the purpose of auditing or verifying such costs.

(Ord. No. 167, 1986, § 1(112-160), 11-4-86; Ord. No. 222, 1998, § 3, 12-15-98; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-372. Reimbursement agreements.Go to the top

(a) When any person constructs a water or sewer main through undeveloped areas to reach and serve such person's property or constructs such a line on the perimeter of the property, the entire cost of the main shall be the responsibility of such person. If such developer enters into a reimbursement agreement with the City in the time and manner prescribed by this Section, then the City may assess a charge per front foot to each adjacent property connecting to the affected main at the time a connection permit is issued for that property. If the front foot charge is collected, the City shall reimburse the original installing developer to the extent of such collection after deducting a service charge of three (3) percent to cover administrative costs. All costs for the construction of the water and sewer lines must be fully paid by the installing developer before such person is entitled to reimbursement under any agreement established hereunder.

(b) The amount of the reimbursement assessed by the City for each adjacent property as it develops may be based on the original cost of design and construction of the lines plus an adjustment for inflation based on the construction cost index for Denver, Colorado, as published monthly by "Engineering News Record." In no case shall the front foot charge reflect less than the original cost of installation through the undeveloped properties. The costs of design and construction of the improvements may include engineering fees and any costs incurred by the developer for the formation or administration of a special improvement district. Reimbursement of the installing developer is contingent on actual collection of the front foot charge by the City.

(c) In order to obtain approval of a reimbursement agreement from the City, the developer shall provide the utility with copies of the following within ninety (90) days from acceptance of the utility lines by the City Engineer:

(1) Completed bid forms from at least three (3) qualified contractors with an indication of which contractor was awarded the project. The bid forms must contain the description, estimated quantity and unit price for each item included in the project. Each bid must be genuine and not a collusive or sham bid;

(2) Any invoice from the developer's engineer for any fees assessed on the project;

(3) The contractor's application for final payment approved by the developer's engineer;

(4) A letter from the developer and/or contractor certifying that final payment has been received by the contractor;

(5) A letter from the developer and/or engineer certifying that final payment of engineering fees has been made;

(6) A map prepared by a licensed engineer or surveyor which shows:

a. The location of the utility line constructed;

b. The name of the owner of each property which has frontage along the utility line;

c. The amount of frontage each property has along the utility line;

d. The acreage and parcel number of each property along the utility line; and

e. A reference to the book and page and/or reception number from the county records where the information for each property was obtained.

(7) Any other information deemed necessary by the Utilities Executive Director.

(d) If the foregoing information is not submitted by the developer within the ninety-day period provided, then reimbursement will be denied. If the information is timely submitted, the City will review it and prepare a reimbursement agreement to be signed by both the developer and the City Manager.

(e) The term of any reimbursement agreement established hereunder shall not exceed a period of ten (10) years from the date of its execution regardless of whether or not the original costs have been fully reimbursed. The City Council may approve one (1) extension of the agreement, not to exceed an additional ten (10) years, if application for the extension is made prior to the expiration of the original ten-year period. The City is not liable for any portion of the uncollected balance.

(f) The books and records of the developer relating to the costs of the water and sewer mains for which the developer seeks reimbursement shall be open to the City at all reasonable times for the purpose of auditing and verifying the developer's costs.

(Code 1972, §§ 112-43, 112-44; Ord. No. 167, 1986, § 1(112-161), 11-4-86; Ord. No. 25, 1993, § 1, 3-16-93; Ord. No. 222, 1998, § 3, 12-15-98; Ord. No. 080, 2011, § 1, 9-6-11)

Secs. 26-373—26-390. Reserved.


ARTICLE VI.Go to the top
ELECTRIC*

Division 1
Generally
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Sec. 26-391. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

After-hours shall mean those hours between 4:00 p.m. and 8:00 a.m., Monday through Friday, all day Saturday, Sunday and designated holidays observed by the City.

Averaged metered demand shall mean the mean of all kilowatt demand meter readings recorded for an account within the preceding twelve (12) months, or as otherwise determined by the utility.

Cogeneration shall mean facilities which simultaneously produce two (2) forms of useful energy, such as power and steam through the sequential use of energy. Such facilities must be owned by a person not primarily engaged in the generation or sale of electric energy.

Community solar project shall mean a photovoltaic electric generating installation that is a qualifying facility using a qualifying renewable technology that offers shared ownership by Fort Collins Utilities electric service customers and is operated by an entity that has executed an "Interconnection Agreement" and/or "Power Purchase Agreement" with Fort Collins Utilities. The physical location of any such facility shall be within the electric service territory of Fort Collins Utilities, and any electric power produced shall be consumed within the electric service territory of Fort Collins Utilities. All customers that participate under the "community solar project" rate provisions must hold evidence of ownership to a subscription as evidence of beneficial use of or other entitlement to the electric generating capacity of the facility.

Customer-generator shall mean an electricity customer of the utility that generates electricity on the customer's side of the meter using a qualifying renewable technology.

Electrical durable medical equipment shall mean that medical equipment which is powered or charged by electric energy and is used by individuals, primarily and customarily to serve a medical purpose, in their homes, which can withstand repeated use, that is generally not useful to individuals in the absence of an illness or injury and is appropriate for use in the home.

Facility shall mean that generator and associated equipment owned by a party other than the utility which is used to generate or deliver electric power.

Healthcare Common Procedure Coding System number shall mean that number which has been assigned to a particular piece of durable medical equipment in accordance with the Healthcare Common Procedure Coding System maintained by the United States Centers for Medicare and Medicaid Services, a standard coding system used in the medical industry.

High voltage transmission shall mean the transmission of electric energy at voltages greater than thirty-five thousand (35,000) volts.

Intermittent load shall mean an electrical demand of an intermittent or fluctuating character or which reflects frequent starting with high current in-rush.

Interruptible shall mean power made available under agreements which permit curtailment or cessation of delivery by the utility.

Net metering service shall mean that service available to a customer-generator operating a qualifying facility using a qualifying renewable technology that is interconnected to the electric utility so that any electric energy generated by the qualifying facility in excess of that used by the qualifying facility is delivered to the electric utility system and used to offset metered energy received by the customer-generator during the billing period.

Parallel generation shall mean the operation of qualifying facilities when interconnected with the utility system in accordance with the provisions of this Chapter, the electric utility rules and regulations and the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

Qualifying facility shall mean an electric-generating facility operated in parallel with the City of Fort Collins electric distribution system that has been inspected for compliance with the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System, has been issued a "Permit to Operate" by the City and is operated under a valid "Interconnection Agreement" or "Parallel Generation Agreement" executed on behalf of the City of Fort Collins by the Utilities Executive Director.

Qualifying renewable technology shall mean a qualifying facility that generates electricity using renewable resources such as solar, fuel cell, wind, geothermal, combined heat and power or biomass technology.

Sale or sell shall mean to offer in exchange for money or any service or thing of value, or other compensation of any kind.

Special meter reading and/or fractional period billing shall mean a meter reading or billing performed at the request of the consumer in addition to the normal monthly meter reading or billing.

Utility or enterprise, as used in this Article, shall mean the electric utility of the City of Fort Collins, Colorado.

Wholesale energy, as used in this Article, shall mean that energy generated within the City's service territory and sold to Platte River Power Authority.

(Code 1972, § 112-118(M); Ord. No. 60, 1993, § 2, 7-20-93; Ord. No. 8, 1996, § 17, 2-20-96; Ord. No. 211, 1998, § 11, 12-1-98; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 173, 2004, § 1, 11-16-04; Ord. 061, 2009, §§ 1—8, 6-2-09; Ord. No. 003, 2010, §§ 1—4, 2-2-10; Ord. No. 079, 2011, §§ 1, 2, 9-6-11; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 142, 2011, § 1, 11-1-11; Ord. 034, 2012, §§ 1, 2, 5-1-12; Ord. No. 108, 2014, § 1, 9-2-14)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 26-392. Utility considered a City-owned enterprise.Go to the top

(a) The utility shall constitute an enterprise of the City which may, by ordinance of the City Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other obligations (including refunding securities) on behalf of the City, which revenue bonds or other obligations shall be payable solely from the net revenues (including special assessments) derived from the operation of the enterprise. Such revenue bonds or other obligations may be additionally secured by mortgages on or security interests in any real or personal property of the City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or other obligations shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the City Council.

(b) Any pledge of net revenues derived from the operation of the enterprise shall be subject to limitations on future pledges thereof contained in any ordinance of the Council authorizing the issuance of outstanding bonds or other obligations of the City payable from the same source or sources. All bonds or other obligations issued by ordinance of the City Council payable from the net revenues derived from the operation of the enterprise and all revenue bonds or other obligations issued by ordinance of the board of the enterprise payable solely from the net revenues derived from the operation of the enterprise shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources.

(c) The enterprise shall also be authorized to have and exercise the following powers in furtherance of its purposes: to hold meetings concurrently with regular or special meetings of the City Council; to have and use a seal; to issue its revenue bonds for purposes related to the electrical utility system in the manner in which City revenue bonds may be issued; to pledge any revenues of the City's electrical utility system to the payment of such revenue bonds and to pay such revenue bonds therefrom; to enter into contracts relating to the electrical utility system in the manner in which City contracts may be entered into; to make representations, warranties and covenants relating to the electrical utility system on behalf of the City; to exercise rights and privileges of the City relating to the electrical utility system; and to bind the City to perform any obligation relating to the electrical utility system other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payments in all future years.

(d) All revenues and expenditures of the City or the enterprise relating to the electrical utility system shall be considered revenues and expenditures of the enterprise.

(Ord. No. 60, 1993, § 3, 7-20-93; Ord. No. 038, 2010, § 1, 4-20-2010)

Sec. 26-393. Permission required for connection with electric utility.Go to the top

No person shall connect any wire, cord, socket, motor or other instrument, device or contrivance by which electricity may be transmitted or supplied to any lamp, globe, heating apparatus or other instrument by or at which electricity is or may be consumed, to any wire owned or operated by the City and constructed to transmit or supply electricity to any house or other building, without the consent of the electric utility.

(Code 1972, § 112-119; Ord. No. 60, 1993, § 3, 7-20-93)

Sec. 26-394. Permission required for connections bypassing meters.Go to the top

No person shall connect any wire, cord, socket, motor or other instrument, device or contrivance by which electricity may be transmitted or supplied to any lamp, globe, heating apparatus or other instrument by or at which electricity is or may be consumed, to any wire owned or operated by the City and constructed to transmit or supply electricity to any house or other building in such manner as to transmit or supply any such electricity without passing through the meter provided for measuring or registering the amount of such electricity used, without the consent of the electric utility.

(Code 1972, § 112-120; Ord. No. 60, 1993, § 3, 7-20-93)

Sec. 26-395. Interference with meters prohibited.Go to the top

No person shall willfully injure, alter or in any manner interfere with or obstruct the action or operation of any meter provided for measuring or registering the amount of electricity passing through it, without the knowledge and consent of the electric utility. It shall be unlawful to remove electric meters and to break electric meter seals.

(Code 1972, § 112-121; Ord. No. 60, 1993, § 3, 7-20-93)

Sec. 26-396. Use of meters required; damage to system prohibited.Go to the top

No person shall take electrical energy from the distributing system except through a meter or other measuring device owned and installed by the City without the consent of the electric utility to take such electrical energy. It shall also be unlawful to tamper with, molest or damage in any manner any part of the electrical system.

(Code 1972, § 112-122; Ord. No. 60, 1993, § 3, 7-20-93)

Sec. 26-397. Prima facie evidence of violations.Go to the top

Proof of the existence of any wire connection or of any injury, alteration or obstruction of a meter shall be prima facie evidence of the violation of this Article by the person in possession of the premises where such wire connection, injury, alteration or obstruction exists. The City may discontinue electric service to any property because of the violation of any of the provisions of this Article.

(Code 1972, § 112-123; Ord. No. 60, 1993, § 3, 7-20-93)

Secs. 26-398—26-410. Reserved.

Division 2
High Voltage Transmission Facilities
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Sec. 26-411. Compliance required for high voltage transmission facilities.Go to the top

No person shall maintain or install any wires, cables or other equipment for the high voltage transmission of electric current in, on, under or over any street, alley, sidewalk, public utility easement or other public right-of-way, or maintain or install any pole or mast to support or hold such wires or equipment in any such place, without having fully complied with the provisions of this Division.

(Code 1972, § 48-1; Ord. No. 133, 2003, § 1, 10-7-03; Ord. 061, 2009, § 10, 6-2-09)

Sec. 26-412. Franchise or other authorization required.Go to the top

No such wire, cable, pole or other equipment necessary for high voltage transmission facilities shall be installed or maintained over, on or under any such place unless a franchise has been granted for such installation or maintenance, except that:

(1) High voltage transmission facilities that are in place in a public right-of-way at the time the underlying property is annexed into the City may remain in place without a franchise; and

(2) High voltage transmission facilities that are in place over, on or under property other than a public right-of-way at the time the underlying property is annexed into the City may, subsequent to annexation, be relocated into a City street, alley, sidewalk, public utility easement or other public right-of-way and maintained therein without a franchise, subject to all of the same requirements that are applicable to the placement and maintenance of other public utilities in said locations.

(Code 1972, § 48-2; Ord. No. 133, 2003 §§ 2, 3, 10-7-03; Ord. 061, 2009, § 11, 6-2-09)

Charter reference—Franchises and public utilities, Art. XI.

Editor's note—Pursuant to Ord. No. 133, 2003 § 3, transmission facilities that have been relocated and maintained over, on or under a City street, alley, sidewalk, public utility easement or other public right-of-way pursuant to a revocable permit granted by the City prior to October 17, 2003 are deemed to have been properly authorized in accordance with City Code § 26-412.

Sec. 26-413. Franchise specifications.Go to the top

Any franchise granted pursuant to this Division shall comply with all requirements of the Charter and shall specify the fee to be paid for the franchise, the purpose of the facilities to be maintained or constructed under the franchise and the manner in which any such facilities shall be installed or maintained. The franchise shall also specify the location in which any facilities may be installed or maintained and may provide for areas annexed to the City after the date of the franchise.

(Code 1972, § 48-3)

Sec. 26-414. Effect of franchise.Go to the top

Any franchise granted under this Division shall only permit the installation and maintenance of lines and other facilities under the public ways designated in the franchise and such franchise shall not be constructed to permit the furnishing of electric service to properties within the City, but the furnishing of any such service must be the subject of a separate franchise granted in accordance with this Code and the Charter.

(Code 1972, § 48-4)

Sec. 26-415. Supervision of work.Go to the top

It shall be the duty of the City Engineer to supervise all construction or installation work performed subject to any franchise granted under this Division and to make such inspections as may be necessary to ensure compliance with the provisions of the franchise, this Division and this Code.

(Code 1972, § 48-5; Ord. No. 222, 1998, § 3, 12-15-98)

Sec. 26-416. City electric utility not affected.Go to the top

The provisions of this Division shall not apply to the electric utility of the City including Platte River Power Authority and the City utility, and Platte River Power Authority shall be authorized to install and maintain lines and facilities in accordance with this Code and the rules and regulations of the electric utility.

(Code 1972, § 48-6; Ord. 061, 2009, § 12, 6-2-09)

Sec. 26-417. Violations and penalties.Go to the top

Any violation of any provision of this Division shall be a violation of this Code, punishable as provided in § 1-15. Each day upon which any violation shall continue shall constitute a separate offense, punishable as such.

(Code 1972, § 48-7)

Secs. 26-418—26-440. Reserved.

Division 3
Electric Service
Go to the top

Sec. 26-441. Obtaining electric service.Go to the top

It shall be unlawful for any person to obtain electrical service unless it is provided in accordance with the terms of this Article.

(Code 1972, § 48-9; Ord. 061, 2009, § 13, 6-2-09)

Sec. 26-442. Electric service lines and related facilities.Go to the top

No person other than a customer-generator who has fully complied with the provisions of § 26-444 shall install any electric facilities in, on, under or over any street, alley, sidewalk, public utility easement or other public right-of-way without having fully complied with the provisions of § 23-81 of this Code pertaining to encroachments or, in the case of high voltage transmission lines, the provisions of Division 2 of this Article.

(Ord. 061, 2009, § 13, 6-2-09)

Sec. 26-443. City electric utility not affected.Go to the top

The provisions of this Division shall not apply to the electric utility and that utility shall be authorized to furnish electric service to any property within the City.

(Code 1972, § 48-10; Ord. 061, 2009, § 13, 6-2-09)

Sec. 26-444. Customer generation of electric service.Go to the top

A customer-generator may furnish electric service to the customer-generator's own property for use by the customer-generator subject to the following restrictions:

(1) No high voltage transmission lines may be used.

(2) If such service is provided through wires or other facilities installed or maintained in, on, under or over a public place, the installation of any such facilities shall be allowed only pursuant to the issuance of a revocable permit approved by the City Council after a determination by resolution that the provision of such service will not materially alter the viability of the electric utility system and will benefit the citizens of Fort Collins as well as the customer-generator.

(3) Any interconnection, parallel generation or net metering service arrangements are subject to the requirements and rates, fees and charges set forth in the applicable rate schedule in Division 4 of this Article.

(Ord. 061, 2009, § 13, 6-2-09)

Sec. 26-445. Retail sale of electric service.Go to the top

No person or entity other than the utility may engage in the sale of electric service to any property in the City except under one (1) or more of the circumstances described in Paragraphs (1) through (4) of this Section.

(1) If the electricity is generated solely using a qualifying renewable technology and sited exclusively on the customer's premises, a non-City provider may offer the electricity for sale to the customer so long as:

a. The service arrangement is authorized by an interconnection agreement with the City and by a purchase agreement with the City and Platte River Power Authority that provides for the recovery of the costs to the City and Platte River Power Authority and such additional amount as may be determined by the City; or

b. The electric generation system has a maximum generation capacity equal to or less than one thousand (1,000) kilowatts and the service arrangement is authorized by an interconnection agreement with the City and meets the definition of parallel generation contained in this Article.

(2) A certified master meter operator who purchases electric service in accordance with this Division may sell that electric service so long as it does so in full compliance with the Fort Collins Utilities electric service rules and regulations and Section 40-1-103.5, C.R.S., and its implementing regulations found in the Colorado Code of Regulations at § 4, C.C.R. 723-3.

(3) Electric service may be provided pursuant to § 26-447 below.

(4) The City Council may authorize an exception to this restriction by ordinance or by the grant of a franchise.

(Ord. 061, 2009, § 13, 6-2-09)

Sec. 26-446. Wholesale transactions.Go to the top

The sale of wholesale energy, as defined in this Article, will not be governed by the electric rate schedules or electric development fees or charges set out in this Article, but shall be subject to requirements for interconnection to the City's electric system, if applicable.

(Ord. No. 142, 2011, § 3, 11-1-11)

Sec. 26-447. Annexations.Go to the top

Properties annexed to the City may, after annexation, continue to receive electric service from any utility previously furnishing such service without complying with the provisions of this Division unless and until the City elects to pro-vide electric service to such properties, in which event the City shall notify the owner of the annexed property and the non-City utility provider in writing of its intention to provide such service and the date upon which such service will be transferred to the City. As of the date of service transfer, all electric service within any annexed area shall be provided in accordance with the provisions of this Division. If the City has not elected to provide electric service to annexed property prior to the expiration of the second year after annexation of that property, then the non-City utility furnishing service to such property shall be deemed to have been granted a revocable permit by the City for the purpose of continuing to deliver such service. Said revocable permit shall continue in effect until such time as service is transferred to the City after written notice from the City as described above, in which event the permit shall be revoked upon written notice from the Utilities Executive Director to the non-City utility providing the service.

(Code 1972, § 48-11; Ord. No. 133, 2003, § 4, 10-7-03; Ord. 061, 2009, § 13, 6-2-09; Ord. No. 142, 2011, § 2, 11-1-11; Ord. No. 073, 2013, § 1, 6-4-13)

Sec. 26-448. Violations and penalties.Go to the top

Any violation of any provision of this Division shall be a violation of this Code, punishable as provided in § 1-15. Each day upon which any violation shall continue shall constitute a separate offense, punishable as such.

(Code 1972, § 48-12; Ord. 061, 2009, § 13, 6-2-09; Ord. No. 142, 2011, § 2, 11-1-11)

Sec. 26-449. Appeals.Go to the top

Any customer who believes that he or she has been aggrieved by a final determination or decision by the Utilities Executive Director or his or her designee regarding the application of the requirements of Chapter 26, Article VI of this Code or any rules or regulations authorized under such Article may petition the Utilities Executive Director for a hearing. The Utilities Executive Director may appoint a hearing officer or elect to conduct such hearing him or herself, provided that the aggrieved party makes written application for such hearing within seven (7) days of the date of such final determination or decision. If a timely request for hearing is made, a hearing concerning the propriety of the final determination or decision shall be granted to the aggrieved party and, after notice to the aggrieved party, the hearing shall be held no more than ten (10) calendar days after the filing of the request for hearing. At the hearing, the appellant and the City may be represented by an attorney, may present evidence and may cross-examine witnesses. A verbatim transcript of the hearing shall be made. The decision of the hearing officer or Utilities Executive Director shall be based upon competent evidence. The aggrieved party may file an appeal from such hearing to the City Manager's office pursuant to §2-541 of this Code.

(Ord. 098, 2011, § 1, 9-6-11; Ord. No. 142, 2011, § 2, 11-1-11; Ord. No. 073, 2013, § 2, 6-4-13)

Secs. 26-450—26-461. Reserved.

Division 4
Rates, Fees and Charges
*Go to the top

Sec. 26-462. Determination of rates, fees and charges.Go to the top

The City Council finds and determines that the proposed rates, fees and charges to be charged and collected by the City are reasonable. The schedule of rates, fees and charges is hereinafter set forth and adopted as the lawful amounts for the City to charge and collect from customers within and without the corporate limits of the City for electricity and related services furnished to the consumers connected to the City electric distributing system in accordance with the terms and provisions of the schedule of rates hereinafter set forth in this Division together with such general rules and regulations on file with the City Clerk as shall be from time to time adopted by the City, which rules and regulations shall govern and control in all respects in rendering service and charging and collecting rates, fees and charges for the sale of all electrical energy and related services; and said schedule is hereby accepted and adopted as controlling in the matter of the electrical service to be rendered until further modified by the City Council.

(Code 1972, § 112-117; Ord. No. 154, 1987, § 5, 10-20-87; Ord. No. 154, 2003, § 9, 11-18-03)

Sec. 26-463.  Electric rates; general service rules, regulations and interconnection standards.Go to the top

(a)  The rules, regulations and Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System applicable to electric service and persons receiving electric service from the City shall be such rules, regulations and Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System as are adopted by the Utilities Executive Director and approved by ordinance of the City Council.

(b)  Upon such adoption and approval, all such rules and regulations shall be in full force and effect and shall apply to any person, corporation or other entity receiving electric service from the City.

(c)  The Utilities Executive Director may adopt minor additions, revisions and corrections to the electric service rules, regulations and Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System as may, in the judgment of the Utilities Executive Director, be necessary to better conform to good engineering and/or construction standards and practice or to clarify a particular standard. The Utilities Executive Director shall approve only those proposed technical revisions that:

(1)  are consistent with all existing policies relevant to the revisions;

(2)  do not result in any significant additional cost to persons affected by the revision; and

(3)  do not materially alter the standard or level of service to be provided.

Upon adoption of any technical revisions pursuant to this Subsection, the Utilities Executive Director shall provide to the City Clerk documentation of such technical revisions specifying the date upon which they shall become effective, and shall maintain said documentation on file in the permanent records of the City Clerk and Utility Services and shall make the same available for public inspection.

(d)  The Utilities Executive Director may approve the limited suspension of the electric service rules, regulations and Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System for the purpose of supporting special research, equipment testing or pilot projects that are under the direction and control of the Fort Collins Utilities. The Utilities Executive Director shall approve limited suspension only for projects that:

(1)  are temporary in nature and will be discontinued at the conclusion of a defined Project Execution Plan which clearly defines project timelines;

(2)  are integral and necessary to achieve the research, testing or demonstration objectives of the project;

(3)  are limited in their potential effect to specifically identified facilities and customers that are informed and consenting participants in the project and do not have the potential to impact the overall distribution system or ordinary utility customers;

(4)  reflect appropriate due diligence and good engineering practices; and

(5)  do not materially alter the standard or level of service to be provided.

Project managers proposing limited suspension for a project must submit a written request to the Utilities Executive Director together with a project execution plan and a risk management plan.

(e)  The Utilities Executive Director may revoke the limited suspension and require that system components and operations be brought into compliance with the standards at any time during the course of the project.

(Code 1972, § 112-118(L); Ord. No. 8, 1996, § 18, 2-20-96; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 074, 2013, 6-4-13)

Sec. 26-464.  Residential energy service, schedule R.Go to the top

(a)  Availability. The residential energy service, schedule R, shall be available within the corporate limits of the City and the suburban fringe.

(b)  Applicability. This schedule applies to residential customers for all domestic uses in single-family dwellings, individually metered apartments and home occupations as defined in Article 5 of the Land Use Code. This schedule may also be applied to existing master metered residential buildings served under this schedule prior to January 1, 1980. Master metering is not available for new or remodeled residential buildings with more than one (1) dwelling unit unless authorized by the Utilities Executive Director. This schedule does not apply to auxiliary or standby service.

(c)  Monthly rate. The monthly rates for this schedule are as follows:

(1)  Fixed charge, per account: four dollars and forty-eight cents ($4.48).

(2)  Distribution facilities charge, per kilowatt-hour: two and sixty-two one-hundreds cents ($0.0262).

(3)  Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy and demand charge shall be billed as follows:

a.  For the first five hundred (500) kilowatt hours per month, per kilowatt hour: five and eighty-three one-hundredths cents ($0.0583).

b.  For the next five hundred (500) kilowatt hours per month, per kilowatt hour: seven and forty-one one-hundredths cents ($0.0741).

c.  For all additional kilowatt hours per month, per kilowatt hour: ten and fifty-seven one-hundredths cents ($0.1057).

(4)  Energy and demand charge, during the non-summer season billing months of January through May and September through December:

a.  For the first five hundred (500) kilowatt hours per month, per kilowatt hour: five and fifteen one-hundredths cents ($0.0515).

b.  For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and fifty-three one-hundredths cents ($0.0553).

c.  For all additional kilowatt hours per month, per kilowatt hour: six and thirty-six one-hundredths cents ($0.0636).

(5)  In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section.

(d)  Medical assistance program.

(1)  The rates described in Subsection (c) above shall be discounted for those electric customers to whom this rate schedule applies and who apply for such discount, as long as:

a.  the applicant's annual household income falls below sixty (60) percent of the Larimer County Area Median Income (as determined by the Federal Housing Authority); and

b.  the application is accompanied by a certified, signed statement from a licensed physician that electrical durable medical equipment used at the residential premises is medically necessary and that such medical equipment has been assigned a Healthcare Common Procedure Coding System number; and/or

c.  a certified, signed statement from a licensed physician that air conditioning at the residential premises is medically necessary for a resident thereof who, in the absence of the air conditioning, may suffer medical deterioration due to a severe immune-compromising medical condition, including, but not limited to, multiple sclerosis, quadriplegia, paraplegia, scleroderma or hemiplegia; and

d.  the application is accompanied by a sworn affidavit from the applicant verifying that all information contained in the application, including, if applicable, the representation that air conditioning will be operational at the applicant's address during the summer billing months, is true and correct.

(2)  Applications for rate discounts under this Section must be submitted annually in accordance with an administratively established schedule.

(3)  The discounted rates for customers with electrical durable medical equipment only shall be calculated as follows:

a.  Fixed charge, per account: four dollars and forty-eight cents ($4.48).

b.  Distribution facilities charge, per kilowatt hour: two and sixty-two one-hundredths cents ($0.0262).

c.  Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy demand charge shall be billed as follows:

1.  For the first five hundred (500) kilowatt hours per month, per kilowatt hour: three and twenty-nine one-hundredths cents ($0.0329).

2.  For the next five hundred (500) kilowatt hours per month, per kilowatt hour: seven and forty-one one-hundredths cents ($0.0741).

3.  For all additional kilowatt hours per month, per kilowatt hour: ten and fifty-seven one-hundredths cents: ($0.1057).

d.  Energy and demand charge, during the non-summer season billing months of January through May and September through December:

1.  For the first five hundred (500) kilowatt hours per month, per kilowatt hour: two and eighty-two one-hundredths cents ($0.0282).

2.  For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and fifty-three one-hundredths cents ($0.0553).

3.  For all additional kilowatt hours per month, per kilowatt hour: six and thirty-six one-hundredths cents ($0.0636).

e.  In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section.

(4)  The discounted rates for customers with medical needs requiring air conditioning only shall be calculated as follows:

a.  Fixed charge, per account: four dollars and forty-eight cents ($4.48).

b.  Distribution facilities charge, per kilowatt hour: two and sixty-two one-hundredths cents ($0.0262).

c.  Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy and demand charge shall be billed as follows:

1.  For the first five hundred (500) kilowatt hours per month, per kilowatt hour: three and twenty-two one-hundredths cents ($0.0322).

2.  For the next five hundred (500) kilowatt hours per month, per kilowatt hour: four and ten one-hundredths cents ($0.0410).

3.  For all additional kilowatt hours per month, per kilowatt hour: ten and fifty-seven one-hundredths cents ($0.1057).

d.  Energy and demand charge, during the non-summer season billing months of January through May and September through December:

1.  For the first five hundred (500) kilowatt hours per month, per kilowatt hour: five and fifteen one-hundredths cents ($0.0515).

2.  For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and fifty-three one-hundredths cents ($0.0553).

3.  For all additional kilowatt hours per month, per kilowatt hour: six and thirty-six one-hundredths cents ($0.0636).

e.  In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section.

(5)  The discounted rates for customers with electrical durable medical equipment and medical needs requiring air conditioning shall be calculated as follows:

a.  Fixed charge, per account: four dollars and forty-eight cents ($4.48).

b.  Distribution facilities charge, per kilowatt hour: two and sixty-two one-hundredths cents ($0.0262).

c.  Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy and demand charge shall be billed as follows:

1.  For the first five hundred (500) kilowatt hours per month, per kilowatt hour: two and eleven one-hundredths cents ($0.0211).

2.  For the next five hundred (500) kilowatt hours per month, per kilowatt hour: two and sixty-eight one-hundredths cents ($0.0268).

3.  For all additional kilowatt hours per month, per kilowatt hour: ten and fifty-seven one-hundredths cents ($0.1057).

d.  Energy and demand charge, during the non-summer season billing months of January through May and September through December:

1.  For the first five hundred (500) kilowatt hours per month, per kilowatt hour: two and eighty-two one-hundredths cents ($0.0282).

2.  For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and fifty-three one-hundredths cents ($0.0553).

3.  For all additional kilowatt hours per month, per kilowatt hour: six and thirty-six one-hundredth cents ($0.0636).

e.  In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section.

(6)  Notwithstanding the foregoing, no rate established under this Subsection shall reflect a discount exceeding an amount consistent with the use of one hundred fifty (150) kilowatt hours per month for the operation of electrical durable medical equipment or, if applicable, an additional amount consistent with the use of three hundred fifty (350) kilowatt hours per month for air conditioning.

(7)  A decision that an applicant does not qualify to participate in this program for a medical or financial reason may be appealed to the Utilities Executive Director, who shall, prior to making his or her decision, and as he or she deems appropriate, confer with one (1) or more medical or financial experts in reviewing such appeal.

(e)  Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility.

(f)  Excess capacity charge. A monthly capacity charge of two dollars ($2.) per kilowatt may be added to the above charges for service to intermittent loads in accordance with the provisions of the electric service rules and regulations.

(g)  Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b).

(h)  Conservation assistance, rebates and incentives. The utility may establish programs to assist customers or provide incentives to customers in order to reduce energy consumption or system peak demands consistent with Council-adopted policy applicable to the utility. Such programs may include financial or technical assistance, incentives or rebates and shall be consistent with program objectives approved by the Utilities Executive Director.

(i)  Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section.

(j)  Special services. Special services or complex service arrangements that are beyond those required for service under this rate schedule may be arranged by a written services agreement that the Utilities Executive Director may negotiate and enter into on behalf of the utility. Said agreement shall establish the terms and conditions for any special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable. Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with Section 6 of Article XII of the Charter.

(k)  Parallel generation. Operation or connection of any electric generator in parallel with the utility system is not permitted under this schedule unless authorized by the Utilities Executive Director. See appropriate alternate schedules for this service. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (p) below.

(l)  Commodity delivery. If the electric utility authorizes the delivery of electric capacity or energy utilizing the utility's distribution system under mandatory provisions of state or federal law, a credit will be applied to the customer's monthly electric bill based upon the electric utility's displaced costs as credited to the utility by its supplier of electric energy. Capacity, energy, standby capacity, backup capacity and special services shall be delivered, metered, billed, dispatched and controlled in accordance with a special services agreement with the electric utility.

(m)  Payment of charges. Due dates and delinquency procedures shall be as set forth in § 26-713.

(n)  Contract period. The applicant shall take electric service under this or any other applicable schedule which is in effect during the term of the contract subject to adjustment from time to time by the City Council. All contracts under this schedule shall be for twelve (12) months and shall be automatically renewed annually. The contract may be terminated at the end of the term upon the giving of thirty (30) days' advance written notice to the City or may be terminated upon the giving of thirty (30) days' advance written notice to the City in the event of vacation of the premises or a change in ownership or tenant occupancy status. During the first ninety (90) days after initiating electric service under this schedule, the customer may request a one-time rate change to schedule RD.

(o)  Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the electric utility rules and regulations as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office.

(p)  Net metering.

(1)  Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria:

a.  the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and

b.  the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity.

(2)  The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period.

(3)  The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

(4)  A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above in this rate schedule section.

(5)  The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable seasonal tiered rate as outlined in Subsection 26-464(c) or (d) of this Section. The energy produced by the customer-generator shall be credited to the customer as follows:

a.  Distribution facilities charge, per kilowatt-hour: two and sixty-two one-hundredths cents ($0.0262).

b.  The energy and demand credit, per kilowatt-hour: five and eighty-three one-hundredths cents ($0.0583).

(q)  Loans. Services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. The interest rate for such loans shall be no less than the most current U.S. prime lending rate at the time of loan origination plus two (2) percent and no more than the most current U.S. prime lending rate at the time of loan origination plus five (5) percent per annum, with the interest rate for each loan to be set in accordance with the administrative rules and regulations of the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter.

(r)  Net metering – community solar projects.

(1)  Net metering service is available to a customer who holds an exclusive interest in a portion of the electric energy generated by a community solar project when the generating capacity of the customer's interest is sized to supply no more than one hundred twenty (120) percent of the customer's average annual electricity consumption at the customer's point of service, including all contiguous property owned or leased by the customer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way.

(2)  The community solar project-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

(3)  Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsections (c) and (d) of this Section. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer as follows:

a.  Distribution facilities charge, per kilowatt-hour: one and thirty-one one-hundredths cents ($0.0131).

b.  The energy and demand credit, per kilowatt-hour: five and eighty-three one-hundredths cents ($0.0583).

(Code 1972, § 112-118(A); Ord. No. 154, 1987, § 6, 10-20-87; Ord. No. 137, 1988, § 1.A—C, 10-18-88; Ord. No. 131, 1989, § 1, 10-17-89; Ord. No. 109, 1992, § 1, 11-17-92; Ord. No. 129, 1995, § 1, 11-7-95; Ord. No. 133, 1996, § 1, 11-5-96; Ord. No. 51, 1997, § 15, 3-18-97; Ord. No. 211, 1998, § 12, 12-1-98; Ord. No. 59, 1999, §§ 1, 2, 5-4-99; Ord. No. 168, 1999, § 1, 11-16-99; Ord. No. 153, 2000, § 1, 11-7-00; Ord. No. 130, 2002, §§ 33, 35, 9-17-02; Ord. No. 154, 2003, § 1, 11-18-03; Ord. No. 173, 2004, § 2, 11-16-04; Ord. No. 140, 2006, § 1, 10-03-06; Ord. No. 122, 2007, § 1, 11-20-07; Ord. No. 112, 2008, § 1, 10-21-08; Ord. 056, 2009, § 1, 6-2-09; Ord. No. 115, 2009, § 1, 11-3-09; Ord. No. 003, 2010, § 5, 2-2-10; Ord. No. 114, 2010, § 1, 11-16-10; Ord. No. 079, 2011, §3, 9-6-11; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 166, 2011, § 1, 12-6-11; Ord. No. 033, 2012, § 6, 5-1-12; Ord. No. 034, 2012, § 3, 5-1-12; Ord. No. 114, 2012, § 1, 11-6-12; Ord. No. 146, 2013, § 1, 11-5-13; Ord. No. 067, 2014, § 1, 5-20-14; Ord. No. 108, 2014, § 2, 9-2-14)

Sec. 26-465.  Residential demand service, schedule RD.Go to the top

(a)  Availability. The residential demand service rate, schedule RD, shall be available within the corporate limits of the City and the suburban fringe. Service under this rate class is available only to customers who establish to the satisfaction of the utility, by providing to the utility such documentation as the utility may deem appropriate, that the residence served is heated entirely by electric energy. Such documentation must be submitted by April 1, 2012. At such time that the utility implements a time-of-use rate, this rate schedule will no longer be available.

(b)  Applicability. This schedule applies to residential customers for all domestic uses in single-family private dwellings, individually metered apartments and home occupations as defined in Article 5 of the Land Use Code.

(c)  Monthly rate. The monthly rates are as follows:

(1)  Fixed charge, per account: seven dollars and twenty-four cents ($7.24).

(2)  Demand charge, per kilowatt: two dollars and fifty cents ($2.50).

(3)  Distribution facilities charge, per kilowatt hour: two and ninety-four one-hundredths cents ($0.0294).

(4)  Energy charge, per kilowatt hour:

a.  During the summer season billing months of June, July and August: four and three one-hundredths cents ($0.0403).

b.  During the non-summer season billing months of January through May and September through December: three and eighty-seven one-hundredths cents ($0.0387).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(5)  In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of monthly service charges billed pursuant to this Section.

(d)  Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility.

(e)  Excess capacity charge. A monthly capacity charge of two dollars ($2.) per kilowatt may be added to the above charges for service to intermittent loads in accordance with the provisions of the electric service rules and regulations.

(f)  Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following:

(1)  The monthly standby distribution charge shall be one dollar and twenty-three cents ($1.23) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be three dollars and seventy-one cents ($3.71) per kilowatt.

(2)  In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service.

(g)  Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b).

(h)  Conservation assistance, rebates and incentives. The utility may establish programs to assist customers or provide incentives to customers in order to reduce energy consumption or system peak demands consistent with Council-adopted policy applicable to the utility. Such programs may include financial or technical assistance, incentives or rebates and shall be consistent with program objectives approved by the Utilities Executive Director.

(i)  Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section.

(j)  Special services. Special services or complex service arrangements that are beyond those required for service under this rate schedule may be arranged by a written services agreement that the Utilities Executive Director may negotiate and enter into on behalf of the utility. Said agreement shall establish the terms and conditions for any special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable. Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with Section 6 of Article XII of the Charter.

(k)  Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection.

(l)  Commodity delivery. If the electric utility authorizes the delivery of electric capacity or energy utilizing the utility's distribution system under mandatory provisions of state or federal law, a credit will be applied to the customer's monthly electric bill based upon the electric utility's displaced costs as credited to the utility by its supplier of electric energy. Capacity, energy, standby capacity, backup capacity and special services shall be delivered, metered, billed, dispatched and controlled in accordance with a special services agreement with the electric utility.

(m)  Payment of charges. Due dates and delinquency procedures shall be as set forth in § 26-713.

(n)  Billing demand. The billing demand shall be determined for each point of delivery by suitable meter measurement of the highest fifteen-minute integrated demand occurring during the billing period.

(o)  Contract period. The applicant shall take electric service under this or any other applicable schedule which is in effect during the term of the contract subject to adjustment from time to time by the City Council. All contracts under this schedule shall be for twelve (12) months and shall be automatically renewed annually. The contract may be terminated at the end of the term upon the giving of ten (10) days' advance written notice to the City or may be terminated upon the giving of ten (10) days' advance written notice to the City in the event of vacation of the premises or a change in ownership or tenant occupancy status. During the first ninety (90) days after initiating electric service under this schedule, the customer may request a one-time rate change to schedule R.

(p)  Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the City electric utility rules and regulations as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office.

(q)  Net metering.

(1)  Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria:

a.  the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and

b.  the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity.

(2)  The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period.

(3)  The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

(4)  A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above in this rate schedule section.

(5)  The customer-generator's consumption of energy from the utility and production of energy that flows into the utility's distribution system shall be measured on a monthly basis. The energy consumed from the utility by the customer-generator shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer-generator shall be credited to the customer as follows:

a.  Distribution facilities charge, per kilowatt-hour: two and sixty-two one-hundredths cents ($0.0262).

b.  The energy and demand credit, per kilowatt-hour: five and eighty-three one-hundredths cents ($0.0583).

(r)  Net metering – community solar projects.

(1)  Net metering service is available to a customer who holds an exclusive interest in a portion of the electric energy generated by a community solar project when the generating capacity of the customer's interest is sized to supply no more than one hundred twenty (120) percent of the customer's average annual electricity consumption at the customer's point of service, including all contiguous property owned or leased by the customer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way.

(2)  The community solar project-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

(3)  Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer as follows:

a.  Distribution facilities charge, per kilowatt-hour: one and thirty-one one-hundredths cents ($0.0131).

b.  The energy and demand credit, per kilowatt-hour: five and eighty-three one-hundredths cents ($0.0583).

(s)  Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720. The interest rate for such loans shall be no less than the most current U.S. prime lending rate at the time of loan origination plus two (2) percent and no more than the most current U.S. prime lending rate at the time of loan origination plus five (5) percent, per annum, with the interest rate for each loan to be set in accordance with the administrative rules and regulations of the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter.

(Code 1972, § 112-118(B); Ord. No. 137, 1988, § 2.A—C, 10-18-88; Ord. No. 109, 1992, § 2, 11-17-92; Ord. No. 129, 1995, § 2, 11-7-95; Ord. No. 133, 1996, § 1, 11-5-96; Ord. No. 51, 1997, § 16, 3-18-97; Ord. No. 211, 1998, § 13, 12-1-98; Ord. No. 59, 1999, §§ 1, 2, 5-4-99; Ord. No. 168, 1999, § 2, 11-16-99; Ord. No. 153, 2000, § 2, 11-7-00; Ord. No. 130, 2002, §§ 33, 35, 9-17-02; Ord. No. 154, 2003, § 2, 11-18-03; Ord. No. 173, 2004, § 3, 11-16-04; Ord. No. 140, 2006, § 2, 10-3-06; Ord. No. 122, 2007, § 2, 11-20-07; Ord. No. 112, 2008, § 2, 10-21-08; Ord. 056, 2009, § 2, 6-2-09; Ord. No. 115, 2009, §2, 11-3-09; Ord. 003, 2010, § 6, 2-2-10; Ord. No. 114, 2010, § 2, 11-16-10; Ord. No. 079, 2011, § 4, 9-6-11; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 142, 2011, § 4, 11-1-11; Ord. No. 033, 2012, § 7, 5-1-12; Ord. No. 114, 2012, § 2, 11-6-12; Ord. No. 146, 2013, § 2, 11-5-13; Ord. No. 067, 2014, § 2, 5-20-14; Ord. No. 108, 2014, §§ 3, 4, 9-2-14)

Sec. 26-466.  General service, schedule GS. Go to the top

(a)  Availability. The schedule GS shall be available within the corporate limits of the City and the suburban fringe.

(b)  Applicability.

(1)  This schedule applies to individual commercial and industrial services, served at the established secondary voltage of the City's distribution system; and optionally, for apartments and multiple dwellings in existence prior to January 1, 1980, where more than one (1) dwelling or single living quarters are served through one (1) meter. Single-phase motors from one (1) to five (5) horsepower may be connected with the approval of the utility. This schedule applies to an individual single- or three-phase service with an energy-only meter and for demand metered services with an average metered demand of not greater than twenty-five (25) kilowatts.

(2)  This schedule does not apply to single-family, individually metered residential units unless:

a.  the energy delivered to such a unit is also used for commercial or business use and the commercial/business energy use comprises more than fifty (50) percent of the total energy use for the unit; and

b.  the unit is not eligible for a Home Occupation License as specified in Article 3 of the Land Use Code.

(c)  Monthly rate. The monthly rates for this schedule are as follows:

(1)  Fixed charge, per account:

a.  Single-phase, two-hundred-ampere service: three dollars and sixty-eight cents ($3.68).

b.  Single-phase, above two-hundred-ampere service: ten dollars and eighty-three cents ($10.83).

c.  Three-phase, two-hundred-ampere service: five dollars and fifty-nine cents ($5.59).

d.  Three-phase, above two-hundred-ampere service: thirteen dollars and twenty-four cents ($13.24).

(2)  Demand charge, per kilowatt hour:

a.  During the summer season billing months of June, July and August: two and eighty-nine one-hundredths cents ($0.0289).

b.  During the non-summer season billing months of January through May and September through December: one and forty one-hundredths cents ($0.0140).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(3)  Distribution facilities charge, per kilowatt hour: one and eighty-seven one-hundredths cents ($0.0187).

(4)  Energy charge, per kilowatt hour:

a.  During the summer season billing months of June, July and August: four and three one-hundredths cents ($0.0403).

b.  During the non-summer season billing months of January through May and September through December: three and eighty-seven one-hundredths cents ($0.0387).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(5)  In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section.

(d)  Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility.

(e)  Excess capacity charge. A monthly capacity charge of two dollars ($2.) per kilowatt may be added to the above charges for service to intermittent loads in accordance with the provisions of the electric service rules and regulations.

(f)  Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b).

(g)  Conservation assistance, rebates and incentives. The utility may establish programs to assist customers or provide incentives to customers in order to reduce energy consumption or system peak demands consistent with Council-adopted policy applicable to the utility. Such programs may include financial or technical assistance, incentives or rebates and shall be consistent with program objectives approved by the Utilities Executive Director.

(h)  Billing demand. The billing demand shall be determined for each point of delivery by suitable meter measurement of the highest fifteen-minute integrated demand occurring during the billing period.

(i)  Power factor adjustment. Power factor shall be determined by using watt and volt-ampere measurements collected by the electric meter at the point of service. The power factor calculated from such measurements shall be the basis of billing adjustment until satisfactory correction has been made. Review shall be conducted on a monthly basis by the utility. If the power factor falls below ninety-percent lagging, a power factor adjustment may be made by increasing the billing demand by one (1) percent for each one (1) percent or fraction thereof by which the power factor is less than ninety-percent lagging. This adjustment shall be based on the power factor at the time of maximum demand as recorded during the billing period.

(j)  Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section.

(k)  Special services. Special services or complex service arrangements that are beyond those required for service under this rate schedule may be arranged by a written services agreement that the Utilities Executive Director may negotiate and enter into on behalf of the utility. Said agreement shall establish the terms and conditions for any special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable. Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with Section 6 of Article XII of the Charter.

(l)  Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection.

(m)  Commodity delivery. If the electric utility authorizes the delivery of electric capacity or energy utilizing the utility's distribution system under mandatory provisions of state or federal law, a credit will be applied to the customer's monthly electric bill based upon the electric utility's displaced costs as credited to the utility by its supplier of electric energy. Capacity, energy, standby capacity, backup capacity and special services shall be delivered, metered, billed, dispatched and controlled in accordance with a special services agreement with the electric utility.

(n)  Payment of charges. Due dates and delinquency procedures shall be as set forth in § 26-713.

(o)  Contract period. The applicant shall take electric service under this or any other applicable schedule which is in effect during the term of the contract subject to adjustment from time to time by the City Council. All contracts under this schedule shall be for twelve (12) months and shall be automatically renewed annually. The contract may be terminated at the end of the term upon the giving of ten (10) days' advance written notice to the City or may be terminated upon the giving of ten (10) days' advance written notice to the City in the event of vacation of the premises or a change in ownership or tenant occupancy status.

(p)  Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the electric utility rules and regulations as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office.

(q)  Net metering.

(1)  Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria:

a.  The qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and

b.  The rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity.

(2)  The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period.

(3)  The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

(4)  A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above in this rate schedule section.

(5)  The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer-generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c) of this Section.

(r)  Net metering – community solar projects.

(1)  Net metering service is available to a customer who holds an exclusive interest in a portion of the electric energy generated by a community solar project when the generating capacity of the customer's interest is sized to supply no more than one hundred twenty (120) percent of the customer's average annual electricity consumption at the customer's point of service, including all contiguous property owned or leased by the customer, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way.

(2)  The community solar project-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

(3)  Both the customer's consumption of energy from Fort Collins Utilities and interest in the production of energy that flows into Fort Collins Utilities' distribution system shall be measured on a monthly basis. The energy consumed from Fort Collins Utilities by the customer shall be billed at the applicable seasonal tiered rate as outlined in Subsection (c) of this Section. The energy produced by the customer's portion of the qualifying facility shall be credited to the customer as follows:

a.  Distribution facilities charge, per kilowatt-hour: ninety-four one-thousandths cents ($0.0094).

b.  The energy and demand credit, per kilowatt-hour: four and three one-hundredths cents ($0.0403).

(Code 1972, § 112-118(D); Ord. No. 137, 1988, § 4.A—C, 10-18-88; Ord. No. 131, 1989, § 2, 10-17-89; Ord. No. 109, 1992, § 4, 11-17-92; Ord. No. 129, 1995, § 4, 11-7-95; Ord. No. 133, 1996, § 1, 11-5-96; Ord. No. 211, 1998, § 15, 12-1-98; Ord. No. 59, 1999, §§ 1, 2, 5-4-99; Ord. No. 168, 1999, § 4, 11-16-99; Ord. No. 153, 2000, § 3, 11-7-00; Ord. No. 130, 2002, §§ 33, 35, 9-17-02; Ord. No. 154, 2003, § 3, 11-18-03; Ord. No. 173, 2004, § 4, 11-16-04; Ord. No. 140, 2006, § 3, 10-3-06; Ord. No. 122, 2007, § 3, 11-20-07; Ord. No. 112, 2008, § 3, 10-21-08; Ord. 056, 2009, § 3, 6-2-09; Ord. No. 115, 2009, § 3, 11-3-09; Ord. 003, 2010, § 7, 2-2-10; Ord. No. 114, 2010, § 3, 11-16-10; Ord. No. 079, 2011, §5, 9-6-11; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 142, 2011, §§ 5, 6, 11-1-11; Ord. No. 114, 2012, § 3, 11-6-12; Ord. No. 146, 2013, § 3, 11-5-13; Ord. No. 108, 2014, § 5, 9-2-14)

Sec. 26-467.  General service 25, schedule GS25. Go to the top

(a)  Availability. The schedule GS shall be available within the corporate limits of the City and the suburban fringe.

(b)  Applicability. This schedule applies to individual commercial and industrial services, served at the established secondary voltage of the City's distribution system; and optionally, for apartments and multiple dwellings in existence prior to January 1, 1980, where more than one (1) dwelling or single living quarters are served through one (1) meter. Single-phase motors from one (1) to five (5) horsepower may be connected with the approval of the utility. This schedule applies to an individual single or three-phase service with an average metered demand of not less than twenty-five (25) kilowatts or greater than fifty (50) kilowatts.

(c)  Monthly rate. The monthly rates for this schedule are as follows:

(1)  Fixed charge, per account:

a.  Single-phase, two-hundred-ampere service: three dollars and sixty-eight cents ($3.68).

b.  Single-phase, above two-hundred-ampere service: ten dollars and eighty-three cents ($10.83).

c.  Three-phase, two-hundred-ampere service: five dollars and fifty-nine cents ($5.59).

d.  Three-phase, above two-hundred-ampere service: thirteen dollars and twenty-four cents ($13.24).

(2)  Demand charge, per kilowatt:

a.  During the summer season billing months of June, July and August: seven dollars and sixty-four cents ($7.64).

b.  During the non-summer season billing months of January through May and September through December: four dollars and thirty-eight cents ($4.38).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(3)  Distribution facilities charge, per kilowatt hour: one and eighty-seven one-hundredths cents ($0.0187).

(4)  Energy charge, per kilowatt hour:

a.  During the summer season billing months of June, July and August: four and three one-hundredths cents ($0.0403).

b.  During the non-summer season billing months of January through May and September through December: three and eighty-seven one-hundredths cents ($0.0387).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(5)  In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section.

(d)  Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility.

(e)  Excess capacity charge. A monthly capacity charge of two dollars ($2.) per kilowatt may be added to the above charges for service to intermittent loads in accordance with the provisions of the electric service rules and regulations.

(f)  Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following:

(1)  The monthly standby distribution charge shall be four dollars and forty-three cents ($4.43) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be thirteen and twenty-nine cents ($13.29) per kilowatt.

(2)  In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service.

(g)  Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b) of this Chapter.

(h)  Conservation assistance, rebates and incentives. The utility may establish programs to assist customers or provide incentives to customers in order to reduce energy consumption or system peak demands consistent with Council-adopted policy applicable to the utility. Such programs may include financial or technical assistance, incentives or rebates and shall be consistent with program objectives approved by the Utilities Executive Director.

(i)  Billing demand. The billing demand shall be determined for each point of delivery by suitable meter measurement of the highest fifteen-minute integrated demand occurring during the billing period.

(j)  Power factor. Power factor shall be determined by using watt and volt-ampere measurements collected by the electric meter at the point of service. The power factor calculated from such measurements shall be the basis of billing adjustment until satisfactory correction has been made. Review shall be conducted on a monthly basis by the utility. If the power factor falls below ninety-percent lagging, a power factor adjustment may be made by increasing the billing demand by one (1) percent for each one (1) percent or fraction thereof by which the power factor is less than ninety-percent lagging. This adjustment shall be based on the power factor at the time of maximum demand as recorded during the billing period.

(k)  Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section.

(l)  Special services. Special services or complex service arrangements that are beyond those required for service under this rate schedule may be arranged by a written services agreement that the Utilities Executive Director may negotiate and enter into on behalf of the utility. Said agreement shall establish the terms and conditions for any special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable. Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with Section 6 of Article XII of the Charter.

(m)  Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (r) below, and the credit for energy delivered to the electric utility shall be calculated as described in the Subsection.

(n)  Commodity delivery. If the electric utility authorizes the delivery of electric capacity or energy utilizing the utility's distribution system under mandatory provisions of state or federal law, a credit will be applied to the customer's monthly electric bill based upon the electric utility's displaced costs as credited to the utility by its supplier of electric energy. Capacity, energy, standby capacity, backup capacity and special services shall be delivered, metered, billed, dispatched and controlled in accordance with a special services agreement with the electric utility.

(o)  Payment of charges. Due dates and delinquency procedures shall be as set forth in § 26-713.

(p)  Contract period. The applicant shall take electric service under this or any other applicable schedule which is in effect during the term of the contract subject to adjustment from time to time by the City Council. All contracts under this schedule shall be for twelve (12) months and shall be automatically renewed annually. The contract may be terminated at the end of the term upon the giving of ten (10) days' advance written notice to the City or may be terminated upon the giving of ten (10) days' advance written notice to the City in the event of vacation of the premises or a change in ownership or tenant occupancy status.

(q)  Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the electric utility rules and regulations as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office.

(r)  Net metering.

(1)  Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria:

a.  The qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and

b.  The rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity.

(2)  The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period.

(3)  The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

(4)  A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above in this rate schedule section.

(5)  The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer-generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c) of this Section.

(Ord. No. 142, 2011, § 7, 11-1-11; Ord. No. 114, 2012, § 4, 11-6-12; Ord. No. 146, 2013, § 4, 11-5-13)

Sec. 26-468.  General service 50, schedule GS50. Go to the top

(a)  Availability. The general service 50, schedule GS50 shall be available within the corporate limits of the City and the suburban fringe.

(b)  Applicability. This schedule applies to customers served at the established secondary voltage of the City's distribution system. This schedule applies only to individual services with an average metered demand not less than fifty (50) kilowatts and not greater than seven hundred fifty (750) kilowatts.

(c)  Monthly rate. The monthly rates for this schedule are as follows:

(1)  Fixed charge, per account: twenty-one dollars and two cents ($21.02). An additional charge of forty dollars and zero cents ($40.) may be assessed if telephone communication service is not provided by the customer.

(2)  Coincident demand charge, per kilowatt:

a.  During the summer season billing months of June, July and August: eleven dollars and eighteen cents ($11.18).

b.  During the non-summer season billing months of January through May and September through December: seven dollars and eighty cents ($7.80).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(3)  Distribution facilities demand charge, per kilowatt: five dollars and seventy-eight cents ($5.78).

(4)  Energy charge, per kilowatt hour:

a.  During the summer season billing months of June, July and August: four and three one-hundredths cents ($0.0403).

b.  During the non-summer season billing months of January through May and September through December: three and eighty-seven one-hundredths cents ($0.0387).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(5)  In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section.

(d)  Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility.

(e)  Excess capacity charge. A monthly capacity charge of two dollars ($2.) per kilowatt may be added to the above charges for service to intermittent loads in accordance with the provisions of the electric service rules and regulations.

(f)  Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following:

(1)  Standby distribution charge.

a.  The monthly standby distribution charge shall be four dollars and seventy cents ($4.70) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be fourteen dollars and eight cents ($14.08) per kilowatt.

b.  In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service.

(2)  Standby generation and transmission charge. All charges incurred by the utility under Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge.

(g)  Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following:

(1)  The excess circuit charge shall be ninety-nine cents ($0.99) per contracted kilowatt of backup capacity per month. For any metered kilowatts in excess of the contracted amount, the excess circuit charge shall be two dollars and ninety-nine cents ($2.99) per kilowatt.

(2)  In the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge.

(h)  Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b).

(i)  Conservation assistance, rebates and incentives. The utility may establish programs to assist customers or provide incentives to customers in order to reduce energy consumption or system peak demands consistent with Council-adopted policy applicable to the utility. Such programs may include financial or technical assistance, incentives or rebates and shall be consistent with program objectives approved by the Utilities Executive Director.

(j)  Coincident demand. The coincident demand for any month shall be the customer's sixty-minute integrated kilowatt demand recorded at the hour coincident with the monthly system peak demand for Platte River Power Authority. The monthly system peak demand for Platte River Power Authority shall be the maximum coincident sum of the measured demands for the participating municipalities recorded during the billing month.

(k)  Distribution facilities demand. The distribution facility demand charge used by the utility is designed to recover the costs of operating and maintaining the electric distribution system, including customer service and administrative functions, and it is based on a per unit rate tied to the peak demand (kW) of a customer's monthly electric use. Under the utility's billing system, cost recovery is based on a twelve-month model. Monthly billing is one-twelfth (1/12) of the annual cost recovery required for given service and the twelve-month use patterns serve as the reference base for monthly billings.

(1)  The distribution facilities demand shall be determined for each point of delivery by suitable meter measurement of the highest one-hour integrated demand occurring during the billing period and shall not be less than seventy (70) percent of the highest distribution facilities demand (in kilowatts) occurring in any of the preceding eleven (11) months.

(2)  If the Utilities Executive Director determines that the calculation described in Paragraph (1) above does not recover the customer's share of the actual distribution facilities costs, the customer's distribution facilities demand charge may be determined according to a billing calendar designed to fully recover said customer's share of the distribution facilities costs.

(l)  Power factor adjustment. Power factor shall be determined by using watt and volt-ampere reactive measurements collected by the electric meter at the point of service. The power factor calculated from such measurements shall be the basis of billing adjustment until satisfactory correction has been made. Review shall be conducted on a monthly basis by the utility. If the power factor falls below ninety-percent lagging, a power factor adjustment may be made by increasing the coincident and distribution facilities demand by one (1) percent for each one (1) percent or fraction thereof by which the power factor is less than ninety-percent lagging. This adjustment shall be based on the power factor at the time of maximum demand as recorded during the billing period.

(m)  Primary service. When service is metered under this schedule at primary voltage, a discount shall be made each month of one and one-half (1½) percent of the bill for service. Where service is taken at the City's established primary voltage and the City does not own the transformers and substations converting to secondary voltage, an additional credit of two (2) percent of the monthly bill shall be allowed.

(n)  Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Subsection.

(o)  Special services. Special services or complex service arrangements that are beyond those required for service under this rate schedule may be arranged by a written services agreement that the Utilities Executive Director may negotiate and enter into on behalf of the utility. Said agreement shall establish the terms and conditions for any special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable. Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with Section 6 of Article XII of the Charter.

(p)  Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (u) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection.

(q)  Commodity delivery. If the electric utility authorizes the delivery of electric capacity or energy utilizing the utility's distribution system under mandatory provisions of state or federal law, a credit will be applied to the customer's monthly electric bill based upon the electric utility's displaced costs as credited to the utility by its supplier of electric energy. Capacity, energy, standby capacity, backup capacity and special services shall be delivered, metered, billed, dispatched and controlled in accordance with a special services agreement with the electric utility.

(r)  Payment of charges. Due dates and delinquency procedures shall be as set forth in § 26-713.

(s)  Contract period. The applicant shall take electric service under this or any other applicable schedule which is in effect during the term of the contract, subject to adjustment from time to time by the City Council. All contracts under this schedule shall be for twelve (12) months and shall be automatically renewed annually. The contract may be terminated at the end of the term upon the giving of thirty (30) days' advance written notice to the City or may be terminated upon the giving of thirty (30) days' advance written notice to the City in the event of vacation of the premises or a change in ownership or tenant occupancy status.

(t)  Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the electric utility rules and regulations as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office.

(u)  Net metering.

(1)  Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria:

a.  the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and

b.  the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity.

(2)  The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period.

(3)  The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

(4)  A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above in this rate schedule section.

(5)  The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer-generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c) of this Section.

(Code 1972, § 112-118(F); Ord. No. 137, 1988, § 6.A—E, 10-18-88; Ord. No. 131, 1989, § 4, 10-17-89; Ord. No. 109, 1992, § 6, 11-17-92; Ord. No. 129, 1995, § 6, 11-7-95; Ord. No. 133, 1996, § 1, 11-5-96; Ord. No. 211, 1998, § 17, 12-1-98; Ord. No. 59, 1999, §§ 1, 2, 5-4-99; Ord. No. 168, 1999, § 6, 11-16-99; Ord. No. 153, 2000, § 4, 11-7-00; Ord. No. 130, 2002, §§ 33, 35, 9-17-02; Ord. No. 154, 2003, § 4, 11-18-03; Ord. No. 173, 2004, § 5, 11-16-04; Ord. No. 140, 2006, § 4, 10-3-06; Ord. No. 122, 2007, § 4, 11-20-07; Ord. No. 112, 2008, § 4, 10-21-08; Ord. 056, 2009, § 4, 6-2-09; Ord. No. 077, 2009, §§ 1, 2, 7-21-09; Ord. No. 115, 2009, § 4, 11-3-09; Ord. No. 003, 2010, § 8, 2-2-10; Ord. No. 114, 2010, § 4, 11-16-10; Ord. No. 079, 2011, § 6, 9-6-11; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 142, 2011, §§ 7, 8, 11-1-11; Ord. No. 114, 2012, § 5, 11-6-12; Ord. No. 146, 2013, § 5, 11-5-13)

Sec. 26-469.  General service 750, schedule GS750. Go to the top

(a)  Availability. The general service 750, schedule GS750 shall be available within the corporate limits of the City and the suburban fringe.

(b)  Applicability. This schedule applies to customers served at the primary voltage of the City's electric system, thirteen thousand two hundred/seven thousand six hundred twenty (13,200/7,620) volts nominal for three-phase power. This schedule applies only to individual services with an average metered demand of seven hundred fifty (750) kilowatts or greater. The Utilities Executive Director, at his or her option, may enter into individual, written agreements with customers having an aggregated connected load of one thousand (1,000) kilowatts or more, which agreements shall establish the services to be provided and the amount to be charged to such customers.

(c)  Monthly rate. The monthly rates for this schedule are as follows:

(1)  Fixed charge, per account: sixty-one dollars and ninety-six cents ($61.96).

a.  Additional charge for each additional metering point: fifty-four dollars and seventy-four cents ($54.74).

b.  An additional charge of forty dollars and zero cents ($40.) for each metering point may be assessed if telephone communication service is not provided by the customer.

(2)  Coincident demand charge, per kilowatt:

a.  During the summer season billing months of June, July and August: eleven dollars and one cent ($11.01).

b.  During the non-summer season billing months of January through May and September through December: seven dollars and sixty-nine cents ($7.69).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(3)  Distribution facilities demand charge, per kilowatt:

a.  First seven hundred fifty (750) kilowatts: six dollars and two cents ($6.02).

b.  All additional kilowatts: three dollars and fifty-nine cents ($3.59).

(4)  Energy charge, per kilowatt hour:

a.  During the summer season billing months of June, July and August: three and ninety-seven one-hundredths cents ($0.0397).

b.  During the non-summer season billing months of January through May and September through December: three and eighty-one one-hundredths cents ($0.0381).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(5)  In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section.

(d)  Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility.

(e)  Excess capacity charge. A monthly capacity charge of two dollars ($2.) per kilowatt may be added to the above charges for service to intermittent loads in accordance with the provisions of the electric service rules and regulations.

(f)  Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following:

(1)  Standby distribution charge.

a.  The monthly standby distribution charge shall be three dollars and seventy-six cents ($3.76) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be eleven dollars and twenty-nine cents ($11.29) per kilowatt.

b.  In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service.

(2)  Standby generation and transmission charge. All charges incurred by the utility under the Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge.

(g)  Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following:

(1)  The excess circuit charge shall be eighty cents ($0.80) per contracted kilowatt of backup capacity per month. For any metered kilowatts in excess of the contracted amount, the excess circuit charge shall be two dollars and forty-one cents ($2.41) per kilowatt.

(2)  In the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge.

(h)  Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b).

(i)  Conservation assistance, rebates and incentives. The utility may establish programs to assist customers or provide incentives to customers in order to reduce energy consumption or system peak demands consistent with Council-adopted policy applicable to the utility. Such programs may include financial or technical assistance, incentives or rebates and shall be consistent with program objectives approved by the Utilities Executive Director.

(j)  Coincident demand. The coincident demand for any month shall be the customer's sixty-minute integrated kilowatt demand recorded at the hour coincident with the monthly system peak demand for Platte River Power Authority. The monthly system peak demand for Platte River Power Authority shall be the maximum coincident sum of the measured demands for the participating municipalities recorded during the billing month.

(k)  Distribution facilities demand. The distribution facilities demand charge used by the utility is designed to recover the costs of operating and maintaining the electric distribution system, including customer service and administrative functions, and it is based on a per-unit rate tied to the peak demand (kW) of a customer's monthly electric use. Under the utility's billing system, cost recovery is based on a twelve-month model. Monthly billing is one-twelfth (1/12) of the annual cost recovery required for given service and the twelve-month use patterns serve as the reference base for monthly billings.

(1)  The distribution facilities demand shall be determined for each point of delivery by suitable meter measurement of the highest one-hour integrated demand occurring during the billing period and shall not be less than seventy-five (75) percent of the highest distribution facilities demand (in kilowatts) occurring in any of the preceding eleven (11) months.

(2)  If the Utilities Executive Director determines that the calculation described in Paragraph (1) above does not recover the customer's share of the actual distribution facilities costs, the customer's distribution facilities demand charge may be determined according to a billing calendar designed to fully recover the customer's share of the distribution facilities costs.

(l)  Interruptible service. Interruptible service may be provided in accordance with the terms and conditions described in a special services agreement between the customer and the utility.

(m)  Power factor adjustment. Power factor shall be determined by using watt and volt-ampere reactive measurements collected by the electric meter at the point of service. The power factor calculated from such measurements shall be the basis of billing adjustment until satisfactory correction has been made. Review shall be conducted on a monthly basis by the utility. If the power factor falls below ninety-percent lagging, a power factor adjustment may be made by increasing the coincident and distribution facilities demand by one (1) percent for each one (1) percent or fraction thereof by which the power factor is less than ninety-percent lagging. This adjustment shall be based on the power factor at the time of maximum demand as recorded during the billing period.

(n)  Secondary service. Where service is rendered under this schedule at secondary voltage and the City owns and furnishes the transformer and substation converting to the lower voltage desired by the customer, an additional charge shall be made each month of two (2) percent of the bill for service. If, for any reason, metering is accomplished at secondary voltage, an additional one and one-half (1½) percent shall be added to the monthly bill. Instrument-rated metering transformers shall be at the expense of the owner. The utility may require that transformers greater than one thousand (1,000) kilo volt-amperes be owned by the customer and that such load be primary metered.

(o)  Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Subsection.

(p)  Special services. Special services or complex service arrangements that are beyond those required for service under this rate schedule may be arranged by a written services agreement that the Utilities Executive Director may negotiate and enter into on behalf of the utility. Said agreement shall establish the terms and conditions for any special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable. Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with Section 6 of Article XII of the Charter.

(q)  Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (v) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection.

(r)  Commodity delivery. If the electric utility authorizes the delivery of electric capacity or energy utilizing the utility's distribution system under mandatory provisions of state or federal law, a credit will be applied to the customer's monthly electric bill based upon the electric utility's displaced costs as credited to the utility by its supplier of electric energy. Capacity, energy, standby capacity, backup capacity and special services shall be delivered, metered, billed, dispatched and controlled in accordance with a special services agreement with the electric utility.

(s)  Payment of charges. Due dates and delinquency procedures shall be as set forth in § 26-713.

(t)  Contract period. The applicant shall take electric service under this or any other applicable schedule which is in effect during the term of the contract subject to adjustment from time to time by the City Council. All contracts under this schedule shall be for twelve (12) months with automatic renewal on a year-to-year basis. The contract may be terminated at the end of the term upon the giving of one (1) year's advance written notice to the City or may be terminated upon the giving of one (1) year's advance written notice to the City in the event of vacation of the premises or a change in ownership or tenant occupancy status.

(u)  Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the electric utility rules and regulations as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office.

(v)  Net metering.

(1)  Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria:

a.  the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and

b.  the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity.

(2)  The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period.

(3)  The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

(4)  A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above for this rate schedule.

(5)  The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer-generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c) of this Section.

(Code 1972, § 112-118(H); Ord. No. 137, 1988, § 8.A—E, 10-18-88; Ord. No. 131, 1989, § 6, 10-17-89; Ord. No. 109, 1992, § 8, 11-17-92; Ord. No. 129, 1995, § 8, 11-7-95; Ord. No. 133, 1996, § 1, 11-5-96; Ord. No. 211, 1998, § 20, 12-1-98; Ord. No. 59, 1999, §§ 1, 2, 5-4-99; Ord. No. 168, 1999, § 8, 11-16-99; Ord. No. 153, 2000, § 5, 11-7-00; Ord. No. 130, 2002, §§ 33, 35, 9-17-02; Ord. No. 154, 2003, § 5, 11-18-03; Ord. No. 173, 2004, § 6, 11-16-04; Ord. No. 140, 2006, § 5, 10-3-06; Ord. No. 122, 2007, § 5, 11-20-07; Ord. No. 112, 2008, § 5, 10-21-08; Ord. 056, 2009, § 5, 6-2-09; Ord. No. 077, 2009, §§ 3, 4, 7-21-09; Ord. No. 115, 2009, § 5, 11-3-09; Ord. No. 003, 2010, § 9, 2-2-10; Ord. No. 114, 2010, § 5, 11-16-10; Ord. No. 079, 2011, § 7, 9-6-11; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 142, 2011, §§ 7, 9, 11-1-11; Ord. No. 114, 2012, § 6, 11-6-12; Ord. No. 146, 2013, § 6, 11-5-13)

Sec. 26-470.  Substation service, schedule SS. Go to the top

(a)  Availability. The substation service, schedule SS shall be available within the corporate limits of the City and the suburban fringe.

(b)  Applicability. This schedule applies to customers served directly from a City substation who do not utilize any part of the City's electric distribution circuits to receive service. This schedule applies only to individual services with an average metered demand of seven hundred fifty (750) kilowatts or greater.

(c)  Monthly rate. The monthly rates for this schedule are as follows:

(1)  Fixed charge, per account: sixty-one dollars and ninety-six cents ($61.96).

(2)  Coincident demand charge, per kilowatt:

a.  During the summer season billing months of June, July and August: ten dollars and eighty-four cents ($10.84).

b.  During the non-summer season billing months of January through May and September through December: seven dollars and fifty-seven cents ($7.57).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(3)  Distribution facilities demand charge, per kilowatt: two dollars and seventy-five cents ($2.75).

(4)  Energy charge, per kilowatt hour:

a.  During the summer season billing months of June, July and August: three and ninety-one one-hundredths cents ($0.0391).

b.  During the non-summer season billing months of January through May and September through December: three and seventy-five one-hundredths cents ($0.0375).

c.  The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate.

(5)  In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section.

(d)  Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility.

(e)  Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following:

(1)  Standby distribution charge.

a.  The monthly standby distribution charge shall be two dollars and fifty cents ($2.50) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be seven dollars and forty cents ($7.40) per kilowatt.

b.  In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service.

(2)  Standby generation and transmission charge. All charges incurred by the utility under the Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge.

(f)  Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b).

(g)  Conservation assistance, rebates and incentives. The utility may establish programs to assist customers or provide incentives to customers in order to reduce energy consumption or system peak demands consistent with Council-adopted policy applicable to the utility. Such programs may include financial or technical assistance, incentives or rebates and shall be consistent with program objectives approved by the Utilities Executive Director.

(h)  Coincident demand. The coincident demand for any month shall be the customer's sixty-minute integrated kilowatt demand recorded at the hour coincident with the monthly system peak demand for Platte River Power Authority. The monthly system peak demand for Platte River Power Authority shall be the maximum coincident sum of the measured demands for the participating municipalities recorded during the billing month.

(i)  Distribution facilities demand. The distribution facilities demand charge used by the utility is designed to recover the costs of operating and maintaining the City's electrical system, including customer service and administrative functions, and it is based on a per-unit rate tied to the peak demand (kW) of a customer's monthly electric use. Under the utility's billing system, cost recovery is based on a twelve-month model. Monthly billing is one-twelfth (1/12) of the annual cost recovery required for given service and the twelve-month use patterns serve as the reference base for monthly billings.

(1)  The distribution facilities demand shall be determined for each point of delivery by suitable meter measurement of the highest one-hour integrated demand occurring during the billing period and shall not be less than seventy-five (75) percent of the highest distribution facilities demand (in kilowatts) occurring in any of the preceding eleven (11) months.

(2)  If the Utilities Executive Director determines that the calculation described in Paragraph (1) above does not recover the customer's share of the actual distribution facilities costs, the customer's distribution facilities demand charge may be determined according to a billing calendar designed to fully recover the customer's share of the distribution facilities costs.

(j)  Interruptible service. Interruptible service may be provided in accordance with the terms and conditions described in a special services agreement between the customer and the utility.

(k)  Power factor adjustment. Power factor shall be determined by using watt and volt-ampere reactive measurements collected by the electric meter at the point of service. The power factor calculated from such measurements shall be the basis of billing adjustment until satisfactory correction has been made. Review shall be conducted on a monthly basis by the utility. If the power factor falls below ninety (90) percent lagging, a power factor adjustment may be made by increasing the coincident and distribution facilities demand by one (1) percent for each one (1) percent or fraction thereof by which the power factor is less than ninety (90) percent lagging. This adjustment shall be based on the power factor at the time of maximum demand as recorded during the billing period.

(l)  Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charged for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charges pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Subsection.

(m)  Special services. Special services or complex service arrangements that are beyond those required for service under this rate schedule may be arranged by a written services agreement that the Utilities Executive Director may negotiate and enter into on behalf of the utility. Said agreement shall establish the terms and conditions for any special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable. Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with Section 6 of Article XII of the Charter.

(n)  Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (v) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection.

(o)  Commodity delivery. If the electric utility authorizes the delivery of electric capacity or energy utilizing the utility's distribution system under mandatory provisions of state or federal law, a credit will be applied to the customer's monthly electric bill based upon the electric utility's displaced costs as credited to the utility by its supplier of electric energy. Capacity, energy, standby capacity, backup capacity and special services shall be delivered, metered, billed, dispatched and controlled in accordance with a special services agreement with the electric utility.

(p)  Contract period. The applicant shall take electric service under this or any other applicable schedule which is in effect during the term of the contract subject to adjustment from time to time by the City Council. All contracts under this schedule shall be for twelve (12) months with automatic renewal on a year-to-year basis. The contract may be terminated at the end of the term upon the giving of one (1) year's advance written notice to the City or may be terminated upon the giving of one (1) year's advance written notice to the City in the event of vacation of the premises or a change in ownership or tenant occupancy status.

(q)  Payment of charges. Due dates and delinquency procedures shall be as set forth in § 26-713.

(r)  Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the electric utility rules and regulations as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office.

(s)  Net metering.

(1)  Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria:

a.  the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and

b.  the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity.

(2)  The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period.

(3)  The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System.

(4)  A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above for this rate schedule.

(5)  The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer-generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c) of this Section.

(Ord. No. 114, 2012, § 8, 11-6-12; Ord. No. 146, 2013, § 7, 11-5-13)

Sec. 26-471.  Special area floodlighting, schedule FL. Go to the top

(a)  Applicability. Special area floodlighting, schedule 10 shall be available within the corporate limits of the City and the suburban fringe for outdoor area floodlighting of consumer's property from dusk to dawn.

(b)  Monthly rate. The monthly rates (including a six-and-zero-tenths-percent charge in lieu of taxes and franchise) are as follows:

(1)  Charge per lamp, mercury vapor:

a.  One-hundred-seventy-five-watt: sixteen dollars and ninety-three cents ($16.93).

b.  Two-hundred-fifty-watt: nineteen dollars and ninety-four cents ($19.94).

c.  Four-hundred-watt: twenty-six dollars and fourteen cents ($26.14).

(2)  Charge per lamp, high-pressure sodium:

a.  Seventy-watt: seven dollars and fifteen cents ($7.15).

b.  One-hundred-watt: ten dollars and twelve cents ($10.12).

c.  One-hundred-fifty-watt: sixteen dollars and one cent ($16.01).

d.  Two-hundred-fifty-watt: twenty dollars and forty-one cents ($20.41).

e.  Four-hundred-watt: twenty-six dollars and ninety-six cents ($26.96).

(c)  Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b).

(d)  Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Section.

(e)  Payment of charges. Due dates and delinquency procedures shall be as set forth in § 26-713.

(f)  Contract period and conditions.

(1)  Those desiring floodlighting service shall sign a service contract at the electric utility office. This contract may be terminated at the end of any billing period upon ten (10) days' written notice to the City.

(2)  Under this schedule the utility will own, install, operate and maintain standard area lighting equipment. Materials, installation and associated line extension costs shall be paid by the customer to the utility. Upon termination of service to the lights installed after January 1, 1980, the salvage value of recoverable materials less removal expenses will be refunded to the consumer.

(3)  The lamps shall be controlled by automatic control equipment and burning time shall be from approximately thirty (30) minutes after sunset to approximately thirty (30) minutes before sunrise.

(4)  The customer shall notify the utility of any operational failure of the lamp. Lamp replacements or repairs will be performed only during regular working hours.

(g)  Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the electric utility rules and regulations, as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office.

(Code 1972, § 112-118(J); Ord. No. 137, 1988, § 10.A, B, 10-18-88; Ord. No. 109, 1992, § 10, 11-17-92; Ord. No. 133, 1996, § 1, 11-5-96; Ord. No. 168, 1999, § 9, 11-16-99; Ord. No. 153, 2000, § 6, 11-7-00; Ord. No. 130, 2002, § 35, 9-17-02; Ord. No. 154, 2003, § 6, 11-18-03; Ord. No. 173, 2004, § 7, 11-16-04; Ord. No. 140, 2006, § 6, 10-3-06; Ord. No. 122, 2007, § 6, 11-20-07; Ord. No. 112, 2008, § 6, 10-21-08; Ord. No. 115, 2009, § 6, 11-3-09; Ord. No. 142, 2011, § 7, 11-1-11; Ord. No. 114, 2012, §§ 7, 9, 11-6-12)

Sec. 26-472.  Traffic signal service, schedule T. Go to the top

(a)  Availability. The traffic signal service, schedule T, shall be available within the corporate limits of the City.

(b)  Applicability. This schedule shall be applicable only to municipal traffic signal service.

(c)  Monthly rate. The monthly rates (including a six-and-zero-tenths-percent charge in lieu of taxes and franchise) are as follows:

(1)  Fixed charge, per account: seventy-three dollars and sixteen cents ($73.16).

(2)  Charge, per kilowatt hour: six and fifty-nine one-hundredths cents ($0.0659).

(3)  Service extensions and signal installations made by the utility shall be paid for by the City General Fund, subject to material and installation costs at the time of installation.

(d)  Payment of charges. Bills for traffic signal energy consumption and equipment rental shall be rendered by the electric utility and paid by the City at the end of each month. Monthly billings shall be based on the inventory of completed installations at the time of billing.

(Code 1972, § 112-118(K); Ord. 109, 1992, § 11, 11-17-92; Ord. No. 133, 1996, § 1, 11-5-96; Ord. No. 168, 1999, § 10, 11-16-99; Ord. No. 153, 2000, § 7, 11-7-00; Ord. No. 154, 2003, § 7, 11-18-03; Ord. No. 173, 2004, § 8, 11-16-04; Ord. No. 122, 2007, § 7, 11-20-07; Ord. No. 112, 2008, § 7, 10-21-08; Ord. No. 115, 2009, § 7, 11-3-09; Ord. No. 114, 2010, § 6, 11-16-10; Ord. No. 142, 2011, §§ 7, 10, 11-1-11; Ord. No. 114, 2012, §§ 7, 10, 11-6-12; Ord. No. 146, 2013, § 8, 11-5-13)

Sec. 26-473.  Electric development fees and charges.Go to the top

(a)  Any person desiring to connect to the City's electric distribution system, or to construct any structure to be served by said electric distribution system, shall pay to the utility all applicable electric development fees and charges as described in this Division prior to construction of the electric distribution system to serve said connection, whether such connection or the property served is inside or outside of the corporate limits of the City, in addition to any other applicable fees and charges described in this Article. Notwithstanding the foregoing or any provision of this Article to the contrary, said fees and charges may be paid over time to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution. Said development fees shall consist of an Electric Capacity Fee ("ECF") to recover the allocated cost of the electric distribution system attributable to the new or modified service requested and a Building Site Charge ("BSC") to recover the cost of installing on-site electric service facilities to the user's side of the point of delivery.

(b)  The ECF shall be based upon and used to defray growth-related capital expansion costs of substations and distribution infrastructure and related facilities, and actual costs that have been or will be incurred by the utility to plan and provide service loads to new development, as more specifically described in this Division. These costs shall include the cost of labor and materials to install substation transformers, distribution transformers, primary cable, vaults, conduit, connections, switches, fuses, circuit breakers and other infrastructure. The ECF shall vary with the electrical capacity requirements, lot size and lineal feet of dedicated roadway, and shall be based on the actual cost of construction of any required off-site improvements. The parameters and rates shall be reviewed annually by the City Manager, and the fees shall be presented to the City Council for approval no less frequently than biennially.

(c)  No user of City electric service shall make any changes or additions to the property served that would significantly affect the nature or quantity of service used without the consent of the electric utility or without payment of all development fees and charges associated with such changes or additions. Such changes shall include, but need not be limited to, an increase in electrical capacity, an increase in the number of dwelling units or lot area to be served or change in use of the property.

(d)  In the case of modification or replacement of existing service, the utility shall take into account the current value of the existing system capacity in determining the new ECF due from the user. No cash refund shall be paid to any electric user whose allowable credit exceeds the new development fees and charges, nor to any electric user who obtains permission to decrease demand for service. The credits prescribed in this Subsection are not transferable and shall apply only to the property served by the existing electric line and only to development fees and charges and not other utility fees and charges.

(e)  This Section does not apply to wholesale energy transactions, as defined in this Article. Any applicable fees and charges will be addressed in a written services agreement subject to approval by City Council in accordance with Section 6 of Article XII of the Charter, if applicable.

(Code 1972, § 112-118; Ord. No. 168, 1999, § 10, 11-16-99; Ord. No. 154, 2003, § 10, 11-18-03; Ord. No. 104, 2004, § 4, 7-27-04; Ord. No. 135, 2005, § 1, 11-15-05; Ord. No. 142, 2011, § 7, 11-1-11; Ord. No. 143, 2011, § 1, 11-1-11; Ord. No. 114, 2012, § 7, 11-6-12; Ord. 136, 2014 §1, 12-2-14)

Sec. 26-474.  Residential electric development fees and charges.Go to the top

(a)  An Electric Capacity Fee ("ECF") calculated as set forth in this Section and representing the cost to construct the electric distribution system infrastructure for a new or modified residential service shall be paid prior to the scheduling of any construction work required to provide said service. The ECF shall be determined based upon the most current construction information and the ECF charges in effect at the time of full payment.

(1)  In the event of a customer request for revision to the system requirements for a new or modified service, construction of infrastructure improvements will cease until the customer has made payment in full of an updated ECF, including any increased construction costs associated with the revised system requirements; such increased amount, if any, shall be paid at the ECF rates in effect at the time it is paid in full.

(2)  Notwithstanding the foregoing, the ECF for any new or modified service for which an invoice has been issued on or before December 15, 2014, shall be due in full and must be paid no later than December 31, 2014, in order for construction of related infrastructure improvements to continue. If payment in full based upon the ECF charges in effect as of December 15, 2014, is not received in 2014, no further construction of infrastructure improvements or energizing of the subject service shall occur until the full ECF is paid based on the rate in effect at the time of full payment.

(b)  The ECF shall be the total of the site footage charge, dwelling charge and systems modification charge, to be determined as follows:

(1)  The site footage charge shall be the combined total of:

a.  five and thirty-six thousandths cents ($0.05036) per square foot of developed site square footage, excluding the area of dedicated public rights-of-way; and

b.  ten dollars and thirty-five cents ($10.35) per lineal foot of the developed site abutting a dedicated street or roadway.

(2)  The dwelling unit charge shall be as follows:

a.  For a single-family panel size with one-hundred-fifty-amp service (nonelectric heat), one thousand three hundred and ninety-eight dollars ($1,398.) per dwelling unit;

b.  For a single-family panel size with two-hundred-amp service or with one-hundred-fifty-amp service (electric heat), two thousand three hundred twenty-nine dollars ($2,329.) per dwelling unit;

c.  For a multi-family panel size with one-hundred-fifty-amp service (nonelectric heat), nine hundred thirty-three dollars ($933.) per dwelling unit;

d.  For a multi-family panel size with two-hundred-amp service or with one-hundred-fifty-amp service (electric heat), one thousand six hundred thirty-eight dollars ($1,638.) per dwelling unit.

(3)  A system modifications charge will apply when a new or modified service will require infrastructure in addition to or different from the standard base electrical system model. The differential costs associated with such system modifications will be included in the calculated ECF.

(c)  The utility will schedule and commence construction of a new or modified electric service upon receipt of payment in full of the associated electric development fees, and per the Utility Installation Sequence as defined in the Electric Construction Policies Practices and Procedures. If the utility is unable to commence construction when requested due to utility workload backlogs, the utility will schedule and commence the construction of new or modified electric service projects in the same order in which full payments are received.

(d)  A Building Site Charge ("BSC") for any new or modified residential service shall be paid prior to issuance of a building permit for the related construction or modification. The BSC shall be based upon the current rates as of the time of issuance of the building permit. The BSC shall be the total of the secondary service charges, and any additional charges, determined as follows:

(1)  The secondary service charge shall be as follows:

Secondary Service SizeCharge (up to 65 feet)Plus Per-Foot Charge for Each Foot Over 65
1/0 service
$672.00
$4.93/foot
4/0 service
810.00
5.68/foot
350 kCM service
903.00
7.24/foot
1/0 mobile home service
524.00
N/A
4/0 mobile home service
640.00
N/A

(2)  Actual special costs to the utility of installation of secondary service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement.

(Ord. No. 154, 2003, § 11, 11-18-03; Ord. No. 135, 2005, § 2, 11-15-05; Ord. No. 175, 2006 § 1, 11-7-06; Ord. No. 123, 2007, § 1, 11-20-07; Ord. No. 113, 2008, § 1, 10-21-2008; Ord. No. 118, 2009, § 1, 11-3-09; Ord. No. 115, 2010, § 1, 11-16-10; Ord. No. 142, 2011, § 7, 11-1-11; Ord. No. 143, 2011, § 2, 11-1-11; Ord. No. 114, 2012, § 7, 11-6-12; Ord. No. 115, 2012, § 1, 11-6-12; Ord. No. 147, 2013, § 1, 11-5-13; Ord. No. 136, 2014 §§2—4, 12-2-14)

Sec. 26-475.  Nonresidential electric development fees and charges.Go to the top

(a)  An Electric Capacity Fee ("ECF"), calculated as set forth in this Section and representing the cost to construct the electric distribution system infrastructure for a new or modified nonresidential service shall be paid prior to the scheduling of any construction work required to provide such service. The ECF shall be determined based upon the most current construction information and the ECF charges in effect at the time of full payment. The customer shall also be responsible for secondary service installation from the point of delivery to the service panel.

(1)  In the event of a customer request for revision to the system requirements for a new or modified service, construction of infrastructure improvements will cease until the customer has made payment in full of an updated ECF, including any increased construction costs associated with the revised system requirements; such increased amount, if any, shall be paid at the ECF rates in effect at the time it is paid in full.

(2)  Notwithstanding the foregoing, the ECF for any new or modified service for which an invoice has been issued on or before December 15, 2014, shall be due in full and must be paid no later than December 31, 2014, in order for construction of related infrastructure improvements to continue. If payment in full based upon the ECF charges in effect as of December 15, 2014, is not received in 2014, no further construction of infrastructure improvements or energizing of the subject service shall occur until the full ECF is paid based on the rate in effect at the time of full payment.

(b)  The ECF shall be the total of the site footage charge, kVA service charge and systems modification charge, to be determined as follows:

(1)  The site footage charge shall be the combined total of:

a.  five and thirty-six thousandths cents ($0.05036) per square foot of developed site square footage, excluding the area of dedicated public rights-of-way; and

b.  forty-one dollars and twenty-five cents ($41.25) per lineal foot of the developed site abutting a dedicated street or roadway.

(2)  The kVA service charge shall be determined as follows.

a.  For customer electric loads served by the utility, the kVA service charge shall be:

1.  Utility-owned transformers: the kVA service charge shall be sixty-four dollars and thirty-two cents ($64.32) per kilovolt-amp (kVA) of service load rating

2.  Customer-owned transformers: the kVA service charge shall be fifty-three dollars and eighty-seven cents ($53.87) per kilovolt-amp (kVA) of service load rating.

b.  For the utility to receive customer generation in excess of the customer's electric service provided by the utility, the following kVA service charge will also apply:

1.  Utility-owned transformers: the kVA service charge shall be fifty-three dollars and eighty-seven cents ($53.87) per kilovolt-amp (kVA) of generation service rating in excess of the service load rating as paid per Subparagraph (2)a.1. above. Such ratings shall be determined by the Utilities Executive Director.

2.  Customer-owned transformers: the kVA service charge shall be forty-three dollars and thirty-seven cents ($43.37) per kilovolt-amp (kVA) of generation service rating in excess of the service load rating paid per Subparagraph (2)a.2. above. Such ratings shall be determined by the Utilities Executive Director.

(3)  A system modifications charge will apply when a new or modified service will require infrastructure in addition to or different from the standard base electrical system model. The differential costs associated with such system modifications will be included in the calculated ECF.

(c)  The utility will schedule and commence construction of a new or modified electric service upon receipt of payment in full of the associated electric development fees, and per the Utility Installation Sequence as defined in the Electric Construction Policies Practices and Procedures. If the utility is unable to commence construction when requested due to utility workload backlogs, the utility will schedule and commence the construction of new or modified electric service projects in the same order in which full payments are received.

(d)  A Building Site Charge ("BSC") for extending primary circuitry to the transformer for any new or modified nonresidential service shall be invoiced and paid in the same manner and at the same time as the ECF is invoiced and paid pursuant to Subsection (a) of this Section. The BSC shall be the total of the primary circuit charge, transformer installation charge and any additional charges, determined as follows:

(1)  The primary circuit charge for service from the utility source to the transformer shall be as follows:

a.  for single-phase service, a charge of nine dollars and fifty-three cents ($9.53) per foot of primary circuit;

b.  for three-phase service, a charge of eighteen dollars and thirty-three cents ($18.33) per foot of primary circuit.

(2)  The transformer installation charge shall be as follows:

a.  for single-phase service, a charge of one thousand three hundred seventy-two dollars ($1,372) per transformer;

b.  for three-phase service, a charge of two thousand four hundred forty-two dollars ($2,442) per transformer.

(3)  Actual special costs to the utility of installation of service resulting from site conditions shall be included in the BSC as additional charges. Such conditions may include, but are not limited to, frozen or rocky soil, concrete cutting and asphalt replacement.

(e)  In lieu of fee structures set out in this Subsection, the ECF and BSC for any new service exceeding five thousand (5,000) kilowatts in size will be determined on a case-by-case basis so as to recover the direct and indirect costs associated with extending primary circuitry to the user's point of delivery.

(Ord. No. 154, 2003, § 12, 11-18-03; Ord. No. 135, 2005, § 3, 11-15-05; Ord. No. 175, 2006, § 2, 11-7-06; Ord. No. 123, 2007, § 2, 11-20-07; Ord. No. 113, 2008, § 2, 10-21-08; Ord. No. 118, 2009, § 2, 11-3-09; Ord. No. 115, 2010, § 2, 11-16-10; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 142, 2011, § 7, 11-1-11; Ord. 143, 2011, § 3, 11-1-11; Ord. No. 114, 2012, § 7, 11-6-12; Ord. 115, 2012, § 2, 11-6-12; Ord. No. 147, 2013, § 2, 11-5-13; Ord. 136, 2014 §§5—7, 12-2-14)

Sec. 26-476.  Public electric vehicle charging station service user fees.Go to the top

(a)  Availability. Designated electric vehicle charging stations will be made available by the Electric Utility for public use within the corporate limits of the City at the user rates set forth in this Section.

(b)  Applicability. The fees set forth in this Section shall apply to all public electric vehicle charging stations owned and operated by the Electric Utility.

(c)  User fee rates. Public electric vehicle charging station service user fees (including six-and-zero-tenths-percent charge in lieu of taxes and franchise) will be provided and billed on a session basis as follows:

(1)  Level 2 – 240 volt charging: One dollar and zero cents ($1.) per one-hour charging session.

(2)  Level 3 – 480 volt DC Quick Charging: Three dollars and zero cents ($3.) per charging session.

(d)  Payment of fees. Payment for electric vehicle charging station services will be collected directly from the customer at the point of service (the charging station or City facility at which the charging station is located) through credit card or other payment processing service.

(Ord. No. 093, 2013, 7-16-13)

Secs. 26-477—26-490. Reserved.


ARTICLE VII.Go to the top
STORMWATER UTILITY*

Division 1
Generally
Go to the top

Sec. 26-491. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Best management practices shall mean treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage and schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of "state waters" that are described in the Urban Drainage and Flood Control Manual, Volume 3, entitled "Best Management Practices," published by the Urban Drainage and Flood Control District in Denver, Colorado, in January 2007.

CDPS shall mean the Colorado Discharge Permit System.

Connection shall mean a pipe, drain, any other conduit or plumbing that conveys or can be used to convey any water or other liquid or solid material to the stormwater system.

Contaminated water shall mean that water which contains constituents at concentrations which could cause, directly or indirectly, impairment of human health or the environment and which would not present in such concentrations in a natural state. This includes any water contaminated from industrial processes, land use activities, development or other man-induced practices. These constituents include, but are not limited to, toxic pollutants as defined in § 26-206 of this Code, nutrients such as nitrogen and phosphorous, substances which promote an excessive biochemical oxygen demand (BOD) or chemical oxygen demand (Cod) as those terms are defined in § 26-206, substances which cause the pH of such water to deviate from acceptable standards, biological agents which may be the cause of disease in either humans or other desirable organisms, and physical contaminants such as excess sediments and/or temperature. U.S. Environmental Protection Agency's current publication of "Quality Criteria for Water," and/or the State of Colorado's "Basic Standards and Methodologies for Surface Water" and/or any other federal or state regulation or guideline may be used to interpret the impact of a particular constituent upon a water body. This definition does not include the following sources of water, unless water from such a source is determined to violate other applicable water quality restrictions or requirements:

(1) flows incidental to emergency fire fighting activities;

(2) landscape irrigation and residential lawn watering;

(3) irrigation return flows;

(4) springs, diverted stream flows and flows from riparian habitats and wetlands;

(5) flows incidental to street, sidewalk or median sweeping and not associated with construction;

(6) flows from condensation formed from the operation of air conditioning equipment installed and maintained in accordance with manufacturer's specifications;

(7) uncontaminated pumped, infiltrated or rising ground water; and

(8) flows from properly installed, operated and maintained and City-approved footing, foundation or crawl space drain or pump.

Maintenance best management practices shall mean those management practices that are described in the Urban Drainage and Flood Control Manual, Volume 3, Chapter 6, entitled "Maintenance Recommendations," published by the Urban Drainage and Flood Control District in Denver, Colorado, in January 2007.

Major stormwater system means those stormwater facilities identified in the master drainage plans that facilitate the conveyance of stormwater runoff on a basin-wide or regional basis.

Minor stormwater system means all stormwater facilities used for the conveyance, control or storage of storm runoff of local benefit only. These facilities generally direct storm runoff to major stormwater systems.

Non-stormwater runoff shall mean flow arising from man-induced activities including, but not limited to, industrial processes, domestic irrigation, subdrains, groundwater wells and municipal water supply systems.

On-site detention shall mean stormwater detention which is not part of a major stormwater system and which is sized for the benefit of a specified tributary area, part or all of which is being subdivided. Such on-site detention shall be located within an easement or parcel dedicated to and accepted by the City for drainage purposes.

Pollutant shall mean dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, disease causing agents, radioactive material, heat, wrecked or discarded equipment, rock, sand, automotive fluids, paint, cooking grease, process waste water, swimming pool discharges, discharges from cleaning of heat transfer equipment or any industrial, commercial, construction, household, municipal or agricultural waste.

Private storm drainage facilities shall mean those storm drainage facilities that do not meet the definition of public storm drainage facilities.

Public storm drainage facilities shall mean those storm drainage facilities that have been formally and expressly accepted by the City for City ownership and maintenance or as otherwise expressly agreed by the City in writing.

Storm drainage facility shall mean those improvements designed, constructed or used to convey or control stormwater runoff and to remove pollutants from stormwater runoff after precipitation.

Stormwater facilities means any one (1) or more of various devices used in the collection, treatment or disposition of storm, flood or surface drainage waters, including manmade structures and natural watercourses and/or floodplains for the conveyance of runoff, such as detention or retention areas, berms, swales, improved watercourses, channels, bridges, gulches, streams, rivers, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catchbasins, inlets, pumping plants and other equipment and appurtenances and all extensions, improvements, remodeling, additions and alterations thereof; and any and all rights or interests in such stormwater facilities.

Stormwater runoff means that part of snowfall, rainfall or other stormwater which is not absorbed, transpired, evaporated or left in surface depressions, and which then flows controlled or uncontrolled into a watercourse or body of water.

Subdivider or developer shall mean any person, partnership, joint venture, association or corporation who shall participate as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale and lease of a subdivision, planned unit development, lot or building expansion.

Subdivision shall mean the platting of a lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots or sites.

Suitable treatment shall mean that treatment process authorized by and undertaken pursuant to an appropriate permit(s) to discharge treated water under the State of Colorado Department of Public Health and Environment's Colorado Discharge Permit System ("CDPS") or pursuant to written guidance regarding low-risk categories of discharges issued by the Colorado Department of Public Health and Environment, except that if the Executive Director has imposed more stringent requirements as authorized in Subsection 26-498(d), suitable treatment means compliance with those more stringent requirements.

Utility or enterprise, as used in this Article, shall mean the stormwater utility of the City of Fort Collins, Colorado.

(Code 1972, § 99-1; Ord. No. 85, 1991, § 2, 7-16-91; Ord. No. 21, 1992, § 2, 3-3-92; Ord. 28, 1993, 4-20-93; Ord. No. 63, 1993, § 2, 7-20-93; Ord. No. 8, 1996, § 19, 2-20-96; Ord. No. 211, 1998, § 21, 12-1-98; Ord. No. 130, 2002, §§ 33, 34, 9-17-02; Ord. 019, 2010, §§ 4—6, 3-16-10; Ord. No. 20, 2011, 9-6-11)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 26-492. Declaration of purpose.Go to the top

The City Council hereby finds, determines and declares the necessity of providing an integrated, sustainable stormwater management program that reflects the community's values of protecting and restoring the City's watersheds, its tributaries and the Cache la Poudre River for mutual economic, social and environmental benefits, including, but not limited to, the following:

(1) Economic: flood damage reduction, increased recreation and tourism along stream corridors, reduced business interruptions;

(2) Social: public safety and welfare, reduced need for emergency response, recreation opportunities promoting community wellness; and

(3) Environmental: preserve natural and beneficial functions of floodplains, enhance stormwater quality, preserve riparian habitat.

(Ord. No. 030, 2010, 4-6-2010)

Sec. 26-493. Utility considered a City-owned enterprise.Go to the top

(a) The utility shall constitute an enterprise of the City which may, by ordinance of the City Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other obligations (including refunding securities) on behalf of the City, which revenue bonds or other obligations shall be payable solely from the net revenues (including special assessments) derived from the operation of the enterprise. Such revenue bonds or other obligations may be additionally secured by mortgages on or security interests in any real or personal property of the City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or other obligations shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the City Council.

(b) Any pledge of net revenues derived from the operation of the enterprise shall be subject to limitations on future pledges thereof contained in any ordinance of the Council authorizing the issuance of outstanding bonds or other obligations of the City payable from the same source or sources. All bonds or other obligations issued by ordinance of the City Council payable from the net revenues derived from the operation of the enterprise and all revenue bonds or other obligations issued by ordinance of the board of the enterprise payable solely from the net revenues derived from the operation of the enterprise shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources.

(c) The enterprise shall also be authorized to have and exercise the following powers in furtherance of its purposes: (1) to hold meetings concurrently with regular and special meetings of the City Council; (2) to have and use a seal; (3) to issue its revenue bonds for stormwater purposes in the manner in which the City revenue bonds may be issued; (4) to pledge any revenues of the City's stormwater system to the payment of such revenue bonds and to pay such revenue bonds therefrom; (5) to enter into contracts relating to the stormwater system in the manner in which City contracts may be entered into; (6) to make representations, warranties and covenants relating to the stormwater system on behalf of the City; (7) to exercise rights and privileges of the City relating to the stormwater system; and (8) to bind the City to perform any obligation relating to the stormwater system other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payments in all future years.

(d) All revenues and expenditures of the City or of the enterprise relating to the stormwater system shall be considered revenues and expenditures of the enterprise.

(Ord. No. 63, 1993, § 3, 7-20-93; Ord. No. 97, 1997, § 1, 7-15-97)

Sec. 26-494. Flood insurance.Go to the top

Floods from stormwater runoff may occasionally occur which exceed the capacity of stormwater facilities constructed and maintained by funds made available under this Article. This Article does not imply that property liable for the fees and charges established in this Article will always be free from stormwater flooding or flood damage. This Article does not purport to reduce the need or the necessity for the owner obtaining flood insurance.

(Code 1972, § 93-27; Ord. No. 63, 1993, § 3, 7-20-93)

Cross-reference—Flood prevention and protection, Ch. 10.

Sec. 26-495. Water Board.Go to the top

The Water Board created in § 2-436 shall assist in administering this Article.

(Code 1972, § 93-3; Ord. No. 63, 1993, § 3, 7-20-93; Ord. No. 117, 1996, § 10, 9-17-96; Ord. No. 28, 1998, § 9, 3-17-98)

Sec. 26-496. Administration to be by Utilities Executive Director.Go to the top

The administration of the provisions of this Article is hereby vested in and shall be exercised by the Utilities Executive Director who may prescribe forms and rules and regulations in conformity with this Article or for the ascertainment, computation and collection of the fees and charges imposed in this Article and for the proper administration and enforcement. The Utilities Executive Director may delegate the administration of this Article or any part thereof, subject to the limitations of the Charter and Code to duly qualified deputies and agents of the Utilities Executive Director.

(Code 1972, § 93-24; Ord. No. 63, 1993, § 3, 7-20-93; Ord. No. 8, 1996, § 15, 2-20-96; Ord. No. 117, 1996, § 11, 9-17-96; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-497. Cooperation with the County.Go to the top

The City shall, in all ways and within the limits of its powers, solicit the County to cooperate in providing drainage facilities in stormwater basins, or parts thereof, extending outside the City and in general to carry out the drainage plan developed therein. Maps showing all stormwater basins and proposed facilities shall be furnished to the County Commissioners for their use in this matter.

(Code 1972, § 93-14; Ord. No. 63, 1993, § 3, 7-20-93; Ord. No. 117, 1996, § 11, 9-17-96)

Sec. 26-498. Water quality control.Go to the top

(a) The City storm drainage facilities are intended to be used only for the purpose of collecting water deposited as a result of meteorological precipitation. No person shall make or maintain at any time a connection to a storm drainage facility to convey flows other than storm drainage flows and uncontaminated groundwater flows. Except where suitable treatment has been provided, no person shall discharge any pollutant or contaminated water into or upon any:

(1) Public street, highway or other right-of-way;

(2) Watercourse (whether natural or manmade);

(3) Storm drainage facility; or

(4) Other public or private property within the City or in an area under the jurisdiction of the City if there is a significant potential for migration of such pollutant or contaminated water from such property to a storm drainage facility.

(b) No person shall maintain or permit property conditions that create a significant potential for migration of pollutants or contaminated water to the City's storm drainage facilities.

(c) No person shall fail to maintain stormwater quality improvements required in connection with such person's development, occupation or use of any property in the City.

(d) The Utilities Executive Director is authorized to impose more stringent effluent limitations than required by the CDPS and to add pollutant parameters to those required by the CDPS in regulating flows into or upon the locations or facilities described in Subsection (a) above as the Utilities Executive Director determines to be necessary to protect public storm drainage facilities, public streets, highways, other rights-of-way or any watercourse. The Utilities Executive Director is also authorized to require sampling for such pollutant parameters according to such schedule as the Utilities Executive Director determines to be appropriate to ascertain water quality. Any such requirements added by the Utilities Executive Director shall be reported together with those required by the CDPS to both the Utilities Executive Director and the CDPS. The Utilities Executive Director is authorized to refuse or restrict any discharge to public storm drainage facilities if, in the best professional judgment of the Utilities Executive Director, such refusal or restriction is necessary to prevent impairment of the health, safety or welfare of the citizens or the environment or to prevent injury to any public storm drainage facility.

(e) Where CDPS permits are required, the Utilities Executive Director is authorized to impose additional requirements as may be applicable pursuant to the City's "Storm Drainage Design Criteria and Construction Standards" or pursuant to best management practices.

(f) No person shall use any water well within the City as a cesspool or as a place to deposit wastewater or wastes of any kind.

(g) No person shall cause any obstruction in or interfere with the operation of any public storm drainage facility or private storm drainage facility.

(Ord. No. 21, 1992, § 3, 3-3-92; Ord. No. 63, 1993, § 3, 7-20-93; Ord. No. 117, 1996, § 11, 9-17-96; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 019, 2010, § 7, 3-16-10; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-499. Violations and penalties.Go to the top

(a) Any person who violates any provision of this Article commits a criminal misdemeanor and, upon conviction, shall be subject to the provisions of § 1-15 of this Code. Unless otherwise specified, each day that a prohibited conditioned is maintained shall constitute a separate offense.

(Ord. No. 019, 2010, § 8, 3-16-10)

Sec. 26-500. Stormwater Criteria Manual.Go to the top

(a) Pursuant to the authority conferred by Article II, Section 7 of the Charter, there is hereby adopted by reference as the stormwater design criteria of the City, the Urban Storm Drainage Criteria Manual, 2001 Edition, published by the Denver Urban Drainage and Flood Control District, as more specifically described in Subsection (b) below, as amended by the City, which shall have the same force and effect as though set forth herein, which shall be referred to as the Fort Collins Stormwater Criteria Manual. Said Fort Collins Stormwater Criteria Manual is enacted for the purposes of setting standards in the planning and design of drainageway channels and hydraulic and other structures and for the purposes of setting standards in the selection, design and implementation of stormwater quality best management practices, all for the purpose of protecting the public health, safety and general welfare.

(b) The following articles, sections, divisions and subsections of the Urban Storm Drainage Criteria Manual are deemed to constitute the Urban Storm Drainage Criteria Manual, 2001 Edition, and to be adopted as part of the Fort Collins Stormwater Criteria Manual:

(1) Volume 1, Preface, updated June 2001;

(2) Volume 1, Chapter 1, Drainage Policy, updated June, 2001;

(3) Volume 1, Chapter 3, Planning, updated June, 2001;

(4) Volume 1, Chapter 4, Rainfall, updated January, 2004;

(5) Volume 1, Chapter 5, Runoff, updated April, 2008;

(6) Volume 1, Chapter 6, Streets/Inlets/Storm Sewers, updated January, 2004;

(7) Volume 1, Chapter 7, Major Drainage, updated April, 2008;

(8) Volume 2, Chapter 8, Hydraulic Structures, updated April, 2008;

(9) Volume 2, Chapter 9, Culverts, updated July, 2001;

(10) Volume 2, Chapter 10, Storage, updated April, 2008;

(11) Volume 2, Chapter 12, Revegetation, updated June 2001;

(12) Volume 3, Preface, November 2010;

(13) Volume 3, Chapter 1, Stormwater Management and Planning, November 2010;

(14) Volume 3, Chapter 2, BMP Selection, November 2010;

(15) Volume 3, Chapter 3, Calculating the WQCV and Volume Reduction, November 2010;

(16) Volume 3, Chapter 4, Treatment BMPs (including Fact Sheets), December 2010;

(17) Volume 3, Chapter 5, Source Control BMPs (including Fact Sheets), November 2010;

(18) Volume 3, Chapter 6, BMP Maintenance, November 2010;

(19) Volume 3, Chapter 7, Construction BMPs (including Fact Sheets), November 2010;

(20) Volume 3, Glossary, November 2010; and

(21) Volume 3, Bibliography, November 2010.

(c) The Urban Storm Drainage Criteria Manual, 2001 Edition, as described in Subsections (a) and (b) above, is hereby amended by the additions and deletions as described in amendments adopted by the City Council and separately codified as Fort Collins Amendments to the Urban Drainage and Flood Control District Criteria Manual.

(d) One (1) copy of each of the Urban Storm Drainage Criteria Manual and the Fort Collins Amendments thereto, together referred to as the Fort Collins Stormwater Criteria Manual, shall be kept on file in the office of the City Clerk and available for public inspection during regular business hours.

(e) The Utilities Executive Director may adopt minor additions, revisions and corrections to the Fort Collins Stormwater Criteria Manual as may, in the judgment of the Utilities Executive Director, be necessary to better conform to good engineering and/or construction standards and practice. The Utilities Executive Director shall approve only those proposed technical revisions that:

(1) are consistent with all existing policies relevant to the revisions,

(2) do not result in any significant additional cost to persons affected by the revision, and

(3) do not materially alter the standard or level of service to be accomplished through the specified infrastructure.

Upon adoption of any technical revisions pursuant to the authority of this Subsection, the Utilities Executive Director shall provide to the City Clerk documentation of such technical revisions specifying the date upon which they shall become effective, and shall maintain said documentation on file in the permanent records of the City Clerk and Utility Services and available for public inspection.

(f) The Utilities Executive Director is hereby authorized to make such determinations, and approve such waivers and variances, in his or her discretion, as set forth in, and in accordance with, the Fort Collins Stormwater Criteria Manual.

(Ord. No. 174, 2011, § 2, 12-20-11)

Secs. 26-501—26-510. Reserved.

Division 2
Stormwater Fees
*Go to the top

Sec. 26-511. Stormwater fees.Go to the top

(a) The City Manager shall analyze the operating and financial records of the utility during each calendar year of operation and recommend to the City Council the stormwater utility fees to be in effect for the following calendar year. The parameters and rates for the stormwater plant investment fees shall be reviewed by the City Manager annually, and the fees shall be presented to the City Council for approval no less frequently than biennially. The recommended fees shall be determined in accordance with Section 6 of Article XII of the Charter.

(b) It shall be proper for the City Council to provide for the collection of the stormwater utility fee against property which has been developed by a monthly charge to be added to the utility bills for such property.

(c) The stormwater plant investment fee may be paid at any time after the approval of the plat of a subdivision or, in the case of unplatted property, upon the issuance of a building permit and not before; provided, however, that such fee shall be paid prior to the issuance of a full building permit, or if no building permit is required, upon commencement of construction except to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution. If there is an increase in said fees between the issuance of a full building permit or, if no building permit is required, the time of commencement of construction and the actual payment of fees, the fee rates in effect at the time of payment shall apply.

(d) Any fees not otherwise collected may be collected through special assessments levied in a local assessment district created pursuant to Chapter 22.

(Code 1972, § 93-7; Ord. No. 85, 1991, § 4, 7-16-91; Ord. No. 117, 1996, § 12, 9-17-96; Ord. No. 28, 1998, § 10, 3-17-98; Ord. No. 168, 1998, § 1, 10-6-98; Ord. No. 104, 2004, § 5, 7-27-04; Ord. No. 136, 2005, § 1, 11-15-05)

Sec. 26-512. Stormwater plant investment fees established.Go to the top

There is hereby imposed on each and every lot or parcel of land within the City with respect to which any improvement creates an impervious surface covering more than three hundred fifty (350) square feet of the lot or parcel, and the owners thereof, a stormwater plant investment fee. The fee is deemed reasonable and necessary to pay for a new development's share of the existing equity in the capital stormwater facilities that have been installed for the protection of the health, safety and welfare of the inhabitants of the City. The stormwater plant investment fee established herein shall be determined using the base rate, the area of each parcel of land, and the runoff coefficient of the parcel. The Utilities Executive Director shall determine the stormwater plant investment fee that applies to each parcel of land as follows:

(1) Runoff coefficient. The runoff coefficient of each parcel of land shall be that used in the engineering formula known as the rational method. The Utilities Executive Director shall determine the runoff coefficient for each parcel of land based on the following formula:

Runoff coefficient = [(percent effective impervious area) x 0.95] + [(percent pervious area) x 0.20] + [(percent semipervious area) x 0.50)]

The following definitions shall apply for the purpose of such formula:

Percent effective impervious area shall mean the percentage of the total parcel area determined to constitute the equivalent impervious area on a parcel as calculated for the one-hundred-year, two-hour Fort Collins Design Storm as defined in Volume 1, Chapter 4, of the Fort Collins Stormwater Criteria Manual. The determination shall be made using the procedures and methodology described in Volume 3, Sections 4 and 5, of the Stormwater Criteria Manual.

Percent pervious area shall mean the percentage of the total parcel area that is pervious, such as lawn, open space or planted areas.

Percent semipervious area shall mean the percentage of the total parcel area that is semipervious, such as gravel areas.

(2) Plant investment fee base rate. The stormwater plant investment fee base rate is seven thousand eight hundred seventeen dollars ($7,817.) per gross acre of area.

(3) Area. The stormwater plant investment fee calculation for each parcel of land shall be predicated upon the gross area in acres of the parcel.

(4) Calculation.

a. Initial improvements. The stormwater plant investment fee for each parcel of land shall be calculated in accordance with the following formula:

Plant investment fee = (runoff coefficient) x (Plant investment fee base rate) x (area)

b. Additions, expansions, increased impervious area. The stormwater plant investment fee calculation for each developed parcel of land upon which an addition or expansion is proposed, whether attached to an existing structure or not, shall be calculated in accordance with the following formula:

Plant investment fee shall equal the difference between the fee as calculated in accordance with the formula set forth in Subparagraph a. of this Subsection for the parcel with all existing and proposed improvements and the same parcel with only the existing improvements.

(Code 1972, § 93-15; Ord. No. 111, 1990, § 1, 10-16-90; Ord. No. 85, 1991, § 4, 7-16-91; Ord. No. 119, 1991, § 1, 11-19-91; Ord. No. 111, 1992, § 1, 11-17-92; Ord. No. 135, 1993, § 1, 11-16-93; Ord. No. 159, 1993, § 2, 12-21-93; Ord. No. 8, 1996, § 15, 2-20-96; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 136, 2005, § 2, 11-15-05; Ord. No. 124, 2007, § 1, 11-20-07; Ord. No. 119, 2009, § 1, 11-3-09; Ord. No. 080, 2011, § 1, 9-6-11; Ord. 144, 2011, § 1, 11-1-11; Ord. No. 152, 2013, § 1, 2-26-13; Ord. No. 152, 2013, § 1, 11-5-13)

Sec. 26-513. Stormwater utility fee.Go to the top

There is hereby imposed on each and every developed lot or parcel of land within the City and the owners thereof a stormwater utility fee. This fee is deemed reasonable and is necessary to pay for the operation, maintenance, administration and routine functions of the existing City stormwater facilities and for the operation, maintenance and administration of such future stormwater facilities as may be established within the City and to pay for the design, right-of-way acquisition and construction or reconstruction of such existing and future City stormwater facilities. All of the proceeds of this fee are deemed to be in payment for use of the utility's stormwater system by the real property on and with respect to which the charge is imposed on the owners. Further, the City Council finds that this fee benefits all users of the utility's stormwater facilities by allowing for the construction, improvement, operation and maintenance of stormwater facilities in the City that promote the health, safety and welfare of such users during storms and floods by: (1) protecting the movement of emergency vehicles and emergency personnel; (2) keeping access open to necessary and critical public and private facilities and buildings; (3) preventing death and injury to persons; (4) preventing damage to public and private property; and (5) protecting the continued operation of other public utility services.

(Code 1972, § 93-16; Ord. No. 85, 1991, § 4, 7-16-91; Ord. No. 168, 1998, § 2, 10-6-98)

Sec. 26-514. Determination of stormwater utility fee.Go to the top

(a) The stormwater utility fee shall be determined as set forth in this Section, and shall be based upon the area of each lot or parcel of land and the runoff coefficient of the lot or parcel. For the purposes of this Section, the total lot or parcel area shall include both the actual square footage of the lot or parcel and the square footage of open space and common areas allocated to such lot as provided in Paragraph (4) of this Subsection. The stormwater utility fee shall recover the costs of both operations and maintenance and a portion of capital improvements. The Utilities Executive Director shall determine the rates that shall apply to each specific lot or parcel of land within the guidelines herein set forth and shall establish the utility fee in accordance with the rate together with the other factors set forth as follows:

(1) Runoff coefficient.

a. Each lot or parcel of land shall be placed in one (1) of five (5) specific categories hereinafter referred to as basic categories of development, based upon the land use characteristics for the lot or parcel. The runoff coefficient as used in the engineering formula known as the rational method shall be used as the basis for assigning rate factors for basic categories of development as follows:

Basic category
of development
Runoff coefficient
Very light0—0.30
Light0.31—0.50
Moderate0.51—0.70
Heavy0.71—0.90
Very heavy0.91—1.00

b. The Utilities Executive Director shall determine the basic category of development for each lot or parcel of land based on the runoff coefficient typical for the particular land use and/or zoning for that lot or parcel.

(2) The rate factor for each basic category of development shall be as follows:

Basic category
of development
Rate factor
Very light0.25
Light0.40
Moderate0.60
Heavy0.80
Very heavy0.95

(3) The base rate for the stormwater utility fee shall be $0.0041454 per square foot per month for all areas of the City.

(4) The square footage of open space and common areas to be allocated to each lot or parcel in determining the total lot or parcel area for the monthly fee calculation in Paragraph (5) of this Section shall be calculated as follows:

Residential Lot

N = number of lots platted or parcels in the subject residential development

O = total number of square feet of open space and common areas platted in the subject residential development

R = square footage of open space and common areas to be allocated to each residential lot or parcel within the subject residential development

R = O/N

Commercial Lot

A = total number of square feet of commercial lot platted or parcels in the subject commercial development

O = total number of square feet of open space and common areas platted in the subject commercial development

L = number of square feet of area platted in the individual commercial lot or parcel being billed ("subject commercial lot")

C = square footage of open space and common areas to be allocated to subject commercial lot or parcel

C = (L/A) x O

(5) The monthly stormwater utility fee for each lot or parcel of land, except those parcels or lots falling within the exceptions set out in (6) and (7) below, shall be based on the following formula with all area calculations in square feet:

Monthly fee = (lot or parcel area) x (rate factor) x (base)

(6) Single-family residential lots or parcels larger than twelve thousand (12,000) square feet, but not larger than one-half (½) acre, shall be assessed on the basis of the first twelve thousand (12,000) square feet in accordance with the formula described in (5) above, and the remainder shall be assessed in accordance with the following formula:

Remainder of monthly fee = (remaining area) x (rate factor) x (base rate) x (0.25).

(7) Single-family residential or agricultural lots or parcels larger than one-half (½) acre shall be assessed using the methods set forth in (5) and (6) above, except that the Utilities Executive Director may assess a reduced fee or no fee for all or any portion of the lot or parcel in excess of one-half (½) acre if the Utilities Executive Director determines that such fee reduction is warranted by the land use characteristics and runoff characteristics of the remainder of the lot or parcel.

(b) In the event that the City Council has determined at the time of annexation of a lot or parcel of land that the temporary reduction of the stormwater utility fee is justified in order to mitigate the economic impacts to the annexed properties in light of the relevant circumstances, the stormwater utility fee applicable to said lot or parcel may be temporarily reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot.

(Code 1972, § 93-18; Ord. No. 141, 1986, § 2, 10-21-86; Ord. No. 154, 1987, § 7, 10-20-87; Ord. No. 160, 1987, 10-20-87; Ord. No. 139, 1988, 10-18-88; Ord. No. 133, 1989, 10-17-89; Ord. No. 111, 1990, § 2, 10-16-90; Ord. No. 85, 1991, § 4, 7-16-91; Ord. No. 119, 1991, § 2, 11-19-91; Ord. No. 111, 1992, § 2, 11-17-92; Ord. No. 135, 1993, § 2, 11-16-93; Ord. No. 159, 1993, § 3, 12-21-93; Ord. No. 155, 1994, 11-15-94; Ord. No. 130, 1995, § 1, 11-7-95; Ord. No. 8, 1996, § 15, 2-20-96; Ord. No. 134, 1996, § 1, 11-5-96; Ord. No. 168, 1998, § 3, 10-6-98; Ord. No. 169, 1999, § 1, 11-16-99; Ord. No. 154, 2000, § 1, 11-7-00; Ord. No. 194, 2001, §§ 1, 2, 11-20-01; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 168, 2002, § 1, 11-19-02; Ord. No. 155, 2003, § 1, 11-18-03; Ord. No. 174, 2004, §§ 1—3, 12-7-04; Ord. No. 141, 2006, 10-3-06; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-515. Changing stormwater plant investment fees.Go to the top

The City Council may by ordinance change the amount of the stormwater plant investment fee based upon revised estimates of the cost of the stormwater facilities in the basin. Any change in the amount of the stormwater plant investment fee shall be effective only as to properties for which the stormwater plant investment fee has not previously been fully paid. After the stormwater plant investment fee applicable to a particular property has been paid in full, no additional stormwater plant investment fee shall be imposed upon said property unless modifications to the property alter the calculation of the stormwater plant investment fee as determined in § 26-512, and in such event only the additional fees resulting from the modification to the property shall be due.

(Code 1972, § 93-8; Ord. No. 168, 1998, § 4, 10-6-98; Ord. No. 136, 2005, § 3, 11-15-05)

Sec. 26-516. Billing for stormwater utility fee.Go to the top

(a) The stormwater utility fee shall be billed and collected with the monthly utility bill for those lots or parcels of land utilizing City utilities and billed and collected separately as stormwater utility fees for those lots or parcels of land and owners thereof not utilizing other City utilities. All such bills for stormwater utility fees shall be rendered monthly by the Financial Officer and shall become due and payable in accordance with the rules and regulations of the Financial Officer pertaining to the collection of utility fees. The Financial Officer shall place all such fees collected into the storm drainage fund to be deposited and separately kept as a fund to be used only for the purposes stated herein.

(b) Service connection fees and other miscellaneous fees for servicing and maintaining a customer's account shall be as set forth in Subsection 26-712(b).

(Code 1972, § 93-19; Ord. No. 155, 2003, § 2, 11-18-03)

Sec. 26-517. Certain properties exempt from stormwater utility fee.Go to the top

The stormwater utility fee shall not be collected in connection with any City street, road or alley, or any railroad right-of-way used exclusively for trackage and related safety appurtenances.

(Code 1972, § 93-20; Ord. No. 85, 1991, § 5, 7-16-91)

Sec. 26-518. Enforcement.Go to the top

Any charge due hereunder which is not paid when due may be recovered in an action at law by the City. In addition to any other remedies or penalties provided by this Chapter or this Code, failure of any user of City utilities within the City to pay the charges promptly when due shall subject such user to discontinuance of such utility services and the City Manager is hereby empowered and directed to enforce this provision as to any and all delinquent users.

(Code 1972, § 93-21; Ord. No. 019, 2010, § 9, 3-16-10)

Sec. 26-519. Unpaid charges to be a lien.Go to the top

All fees made pursuant to this Article shall be a lien upon the property to which such fee is associated from the date the fee becomes due until such fee is paid. The owner of every building, premises, lot or house shall be obligated to pay the fee for all service provided for the premises which obligation may be enforced by the City by action at law or suit to enforce the lien. In the case that a tenant in possession of any premises or buildings shall pay the charges, it shall relieve the landowner from such obligation and lien but the City shall not be required to look to any person whatsoever other than the owner for the payment of such charges. No changes of ownership or occupation shall affect the application of this Article and the failure of any owner to learn that he or she purchased property against which a lien for stormwater utility fees exists shall in no way affect the responsibility for such payment. Any delinquent amount may be enforced by assessment upon the property and premises served and certification to the County Treasurer for collection under and pursuant to the authority and procedure provided in Chapter 22.

(Code 1972, § 93-22; Ord. No. 85, 1991, § 6, 7-16-91)

Sec. 26-520. Appeals.Go to the top

(a) Any owner who disputes the amount of the stormwater utility fee or the stormwater plant investment fee made against such owner's property or who disputes any determination made by or on behalf of the City pursuant to and by the authority of this Article may petition the Utilities Executive Director for a hearing on a revision or modification of such charge or determination. The Utilities Executive Director may hold such hearings or may designate an officer or employee as a hearing officer with authority to hold such hearings.

(b) Such petitions may be filed only once in connection with any such charge or determination, except upon a showing of changed circumstances sufficient to justify the filing of such additional petition.

(c) Such petitions shall be in writing, filed with the City Clerk, and the facts and figures submitted shall be submitted under oath either in writing or orally at a hearing scheduled by the Utilities Executive Director or the hearing officer. The hearing, if any, shall take place in the City and notice thereof and the proceedings shall otherwise be in accordance with the rules and regulations issued by the Utilities Executive Director. The petitioner shall have the burden of proof.

(d) Within thirty (30) days after filing, the Utilities Executive Director shall make findings of fact based upon all relevant information and shall make a determination based upon such findings and, if appropriate, modify such charge or determination accordingly. Such determination shall be considered a final order of the Utilities Executive Director, which order may within thirty (30) days of its issuance be appealed to the Water Board for a hearing on a revision or modification of such charge or determination.

(e) Any such appeal to the Water Board shall be in writing, filed with the City Clerk, setting forth the specific errors and omissions of the Utilities Executive Director in his or her determination, and such hearing shall take place in the City and notice thereof and the proceedings shall otherwise be in accordance with the bylaws, rules and regulations of the Water Board. The appellant shall have the burden of proof.

(f) Within thirty (30) days after filing, the Water Board shall make its final determination and, if appropriate, modify such charge or determination of the Utilities Executive Director in accordance with the facts submitted, to the extent that the board finds such facts to be true.

(Code 1972, § 93-23; Ord. No. 21, 1992, § 4, 3-3-92; Ord. No. 8, 1996, § 15, 2-20-96; Ord. No. 117, 1996, § 13, 9-17-96; Ord. No. 28, 1998, § 11, 3-17-98; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 136, 2005, § 4, 11-15-05; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-521. Notice of decision.Go to the top

Every decision or determination of the Utilities Executive Director or the Water Board shall be in writing, and notice thereof shall be mailed to or served upon the petitioner within a reasonable time from the date of such action. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this Article.

(Code 1972, § 93-25; Ord. No. 8, 1996, § 15, 2-20-96; Ord. No. 117, 1996, § 14, 9-17-96; Ord. No. 28, 1998, § 12, 3-17-98; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-522. Disposition of fees and charges.Go to the top

The fees and charges paid and collected by virtue of this Article shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the costs incurred by the City in rendering services to the utility and for any payment in lieu of taxes that may be authorized by the City Council as provided by the City Charter. Other than as described above, the fees and charges shall be used solely to pay for the costs of operation, repair, maintenance, improvements, renewal, replacement, reconstruction, design, right-of-way acquisition and construction of public stormwater facilities and costs incidental thereto.

(Code 1972, § 93-26; Ord. No. 168, 1998, § 5, 10-6-98; Ord. No. 136, 2005, § 5, 11-15-05)

Secs. 26-523—26-540. Reserved.

Editor's note—§ 26-523, Nomograph, was repealed by Ord. 136, 2005, § 6, 11-15-05.

Division 3
Stormwater Facilities
*Go to the top

Sec. 26-541. Property owners to provide stormwater facilities.Go to the top

The City Council further finds, determines and declares under all attendant circumstances that the owners of property to be developed within stormwater basins in the City should provide such stormwater facilities as are made necessary by the development for the drainage and control of flood and surface waters within the stormwater basin in which the development is located, and should also provide the facilities necessary to convey such waters from the stormwater basin to major drainageways. Therefore, the cost of installing such stormwater facilities shall be the responsibility of the owner of the property to be developed. Since the development of elevated land can increase the amount of stormwater runoff from such land onto adjoining lands at lower elevations, the owner of elevated land has the legal duty to prevent such increased runoff from doing damage to other lands, which duty will be satisfied if adequate stormwater facilities are installed as required by this Section. Therefore, in determining under this Section what stormwater facilities a landowner shall be responsible for constructing, the amount of increased stormwater runoff that will result from the development shall be taken into account.

(Code 1972, § 93-2; Ord. No. 168, 1998, § 6, 10-6-98)

Sec. 26-542. Establishment of stormwater basins.Go to the top

After receiving the report and recommendation of the Water Board, the City Council shall officially adopt by resolution a stormwater map which is on file in the City Clerk's office delineating the boundaries of the stormwater basin in the City and in areas which may be annexed. Such map may also indicate existing development of properties within the basin, zoning of properties and such other information as may be determined to be advisable. Such map shall after adoption by the City Council serve as official designation of the respective stormwater basins of the City, but such map may be revised from time to time by the City Council to conform with existing conditions.

(Code 1972, § 93-6(A); Ord. No. 117, 1996, § 15, 9-17-96; Ord. No. 28, 1998, § 13, 3-17-98)

Sec. 26-543. Master drainage plans.Go to the top

(a) Master drainage plans are hereby adopted by reference and declared to be a part of this Article for the following stormwater basins of the City:

(1) Boxelder Creek/Cooper Slough Basin:

a. Boxelder/Cooper Slough Basin, prepared by Anderson Consulting Engineers, Inc., dated December 2002 and revised November 2003;

b. Boxelder Regional Stormwater Master Plan, prepared by PBS&J, Inc., dated October 2006; and

c. Stormwater Quality and Stream Restoration Update to the Boxelder Creek/Cooper Slough Basin Stormwater Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated October 2012.

(2) Cache la Poudre River Basin:

a. Cache la Poudre River Master Drainageway Plan, prepared by Ayres Associates, Inc., dated August 2001.

(3) Canal Importation Basin:

a. Canal Importation Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated April 2001; and

b. Stormwater Quality and Stream Restoration Update to the Canal Importation Basin Stormwater Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated October 2012.

(4) Dry Creek Basin:

a. Dry Creek Master Plan, prepared by URS Corporation, Inc., dated December 2002; and

b. Stormwater Quality and Stream Restoration Update to the Dry Creek Basin Stormwater Master Drainage Plan, prepared by Ayres Associates, dated October 2012.

(5) Foothills Basin:

a. Foothills Basin, prepared by URS Corporation, Inc., dated April 2003; and

b. Stormwater Quality and Stream Restoration Update to the Foothills Basin Stormwater Master Drainage Plan, prepared by Ayres Associates, dated October 2012.

(6) Fossil Creek Basin:

a. Fossil Creek Drainage Basin Master Drainageway Planning Restudy, prepared by ICON Engineering, Inc., dated February 2003; and

b. Stormwater Quality and Stream Restoration Update to the Fossil Creek Basin Stormwater Master Drainage Plan, prepared by ICON Engineering, Inc., dated October 2012.

(7) Fox Meadows Basin:

a. Fox Meadows Basin Drainage Master Plan Update, prepared by ICON Engineering, Inc., dated December 2002 and revised February 2003; and

b. Stormwater Quality and Stream Restoration Update to the Fox Meadows Basin Stormwater Master Drainage Plan, prepared by ICON Engineering, Inc., dated October 2012.

(8) Mail Creek Basin:

a. Mail Creek Master Plan, prepared by URS Corporation, Inc., dated April 2003; and

b. Stormwater Quality and Stream Restoration Update to the Mail Creek Basin Stormwater Master Drainage Plan, prepared by Ayres Associates, dated October 2012.

(9) McClellands Creek Basin:

a. McClellands Creek Master Drainage Plan Update, prepared by ICON Engineering, Inc., dated November 2000 and revised March 2003;

b. East Harmony Portion of McClellands Creek Master Drainage Plan Update, prepared by ICON Engineering, Inc., dated August 1999 and revised July 2001; and

c. Stormwater Quality and Stream Restoration Update to the McClellands Creek Basin Stormwater Master Drainage Plan, prepared by ICON Engineering, Inc., dated October 2012.

(10) Old Town Basin:

a. Old Town Basin Master Drainage Plan, prepared by Anderson Engineering Consultants, Inc., dated September 2003; and

b. Stormwater Quality and Stream Restoration Update to the Old Town Basin Stormwater Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated October 2012.

(11) Spring Creek Basin:

a. Spring Creek Basin Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated June 2003; and

b. Stormwater Quality and Stream Restoration Update to the Spring Creek Basin Stormwater Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated October 2012.

(12) West Vine Basin:

a. West Vine Master Plan, prepared by URS Corporation Inc., dated November 2002; and

b. Stormwater Quality and Stream Restoration Update to the West Vine Basin Stormwater Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated October 2012.

(b) The Utilities Executive Director shall maintain the above master drainage plans on file in the office of Utility Ser-vices. The Utilities Executive Director may adopt additional mas¬ter drainage plans by reference and declare them to be a part of this Article and copies of such master drainage plans shall be on file in the office of Utility Services. Any such plan may be modified by the Utilities Executive Director, for the sole purpose of enhancing such plan, pro¬vided that such enhancement does not diminish the gen¬eral purpose and specific objectives of the adopted plan and does not diminish the ability of the plan to address the disposition of stormwater runoff in the applicable basin, and if modified, the modification shall be filed in the office of Utility Services.

(Code 1972, § 93-6(B); Ord. No. 154, 1987, § 8, 10-20-87; Ord. No. 123, 1988, 9-20-88; Ord. No. 85, 1991, § 7, 7-16-91; Ord. No. 159, 1993, § 1, 12-21-93; Ord. No. 8, 1996, § 15, 2-20-96; Ord. No. 121, 2001, § 4, 9-4-01; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 057, 2004, §§ 1, 2, 6-01-04; Ord. No. 089, 2008, § 1, 8-19-08; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 125, 2012, 11-20-12)

Sec. 26-544. Stormwater facilities required for subdivisions.Go to the top

Prior to the final approval of the plat of any subdivision, or prior to commencement of construction upon any lot or parcel of land for which a drainage report and construction plan for the installation of stormwater facilities has not been prepared and approved by the City, the owners of the property being subdivided or upon which construction is being commenced shall, at such owners' cost, prepare a detailed drainage report and construction plans for the installation of all stormwater facilities required for such subdivision or lot, including any off-site facilities required to convey stormwater to existing drains, channels, streams, detention ponds or other points, all in conformity with the master plan of the stormwater basins, the Fort Collins Stormwater Criteria Manual adopted pursuant to § 26-500, and the Water Utilities Development Construction Standards adopted pursuant to § 26-29. The Utilities Executive Director shall review such reports, plans and costs estimates; and after approval of the same, the plat of the subdivision or the building permit, if applicable, may be approved subject to the City's being furnished with acceptable assurance that such facilities will be constructed and installed as indicated and approved.

(Code 1972, § 93-10; Ord. No. 162, 1986, § 1, 11-4-86; Ord. No. 154, 1987, § 9, 10-20-87; Ord. No. 85, 1991, § 7, 7-16-91; Ord. No. 8, 1996, § 15, 2-20-96; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 080, 2011, § 1, 9-6-11; Ord. No. 163, 2011, § 8, 12-6-11; Ord. No. 174, 2011, § 3, 12-20-11)

Sec. 26-545. Credit for construction of major basin improvements.Go to the top

(a) If the stormwater utility requires a developer to construct major stormwater system improvements that serve more than that development and are identified in a basin master plan, a portion of the actual costs incurred may be eligible for basin reimbursement from the storm drainage fund. To be eligible for basin reimbursement, prior to final approval of the development agreement the developer must submit to the stormwater utility a report detailing the proposed basin improvements and obtain the City's approval of the report. The report must identify all elements of the project eligible for reimbursement and include a detailed project description, a project bid form with estimated quantities, unit prices, engineering design and construction management costs. The report must also provide an accurate quantity and cost delineation between the proposed basin improvements and the stormwater improvements necessary to meet the standard requirements of the development. The stormwater basin reimbursement shall be paid in cash subject to the provisions of this Section, or at the option of the developer, may be taken as credit toward the total stormwater plant investment fees due for the developed property with regard to which the basin improvements are being constructed. If more than two (2) years elapse from the approval date of the development agreement without substantial progress toward the construction of all improvements eligible for basin reimbursement, the reimbursement obligation shall terminate. The developer may request and the Utilities Executive Director may approve extensions of the obligation for additional one-year periods.

(b) Subject to the provisions of Subsection (d) of this Section and submission to and approval by the City of completed genuine and noncollusive bid forms from at least three (3) responsible contractors and completed genuine and noncollusive proposals from at least three (3) responsible engineers showing that the contractor and engineer submitting the lowest responsible bid/proposal will be awarded the project (if it is infeasible for the developer to obtain bids/proposals from at least three (3) responsible contractors and/or engineers, the Utilities Executive Director shall determine whether the bid(s)/proposal(s) received are reasonable and whether the contractor and engineer are responsible), the City will make basin reimbursement upon completion of the required stormwater improvements, approval by the stormwater utility and submittal by the developer of copies of the following:

(1) The contractor's invoice(s) for payment as approved by the developer's engineer separating the quantities and actual costs of the basin improvements from the improvements necessary to meet the standard requirements of the development;

(2) Invoice(s) from the developer's engineer clearly showing any fees charged for work which is eligible for basin reimbursement;

(3) A certification from the contractor and the engineer certifying that payment has been received for work eligible for basin reimbursements or, in the alternative, written authorization from the developer for the City to make direct payment(s) to the contractor and/or engineer; and

(4) Any other information deemed necessary by the Utilities Executive Director or required by the development agreement.

(c) The books and records of the developer relating to the stormwater facilities for which the utility is provided basin reimbursement shall be open to the City at all reasonable times for the purpose of audit and/or verification of costs.

(d) If the estimated cost of improvements eligible for basin reimbursement for a development exceeds the amount of funds budgeted and appropriated to cover such costs, the Utilities Executive Director will recommend inclusion of such costs in the next available budget submittal to the City Council. Upon approval and appropriation by the City Council, such costs will be reimbursed from the storm drainage fund.

(Code 1972, § 93-11; Ord. No. 162, 1986, § 2, 11-4-86; Ord. No. 8, 1996, § 15, 2-20-96; Ord. No. 130, 2002, § 33, 9-17-02; Ord. No. 136, 2005, § 7, 11-15-05; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-546. Assessment for off-site stormwater improvements.Go to the top

(a) When any developer constructs stormwater facilities on or through undeveloped areas to serve the property or to meet the requirements for developing the property the entire cost of such facilities if they are not identified as an element of a basin master plan shall be the responsibility of such developer. If the facility is identified in a basin master plan, but only a portion of the cost is eligible for basin reimbursement from the storm drainage fund, the balance of the cost is the responsibility of that developer. However, if the developer enters into a repayment agreement with the City within ninety (90) days of the completion and approval by the stormwater utility of such drainage improvement, then at the time the property abutting or contributing stormwater runoff to the off-site stormwater facility is developed and a building permit is issued, the City may assess a charge per linear foot to the abutting property developer, and/or at the option of the City, may assess a charge based upon the proportionate amount of stormwater contribution attributable to such property being developed, and if collected, the City shall repay the original installer to the extent of such collection after deducting a service charge of three (3) percent to cover administrative costs. All costs for the original construction of the stormwater facility must be fully paid by the installer before the installer is entitled to repayment under any agreement established pursuant hereto.

(b) The amount of the repayment assessed by the City for each property as it develops shall be based on the original cost of the design and construction of the stormwater facilities plus any reasonable amount mutually agreed upon between the original installer and the City to reflect the effects of inflation. However, in no case shall the charge reflect less than the original cost of the installation through the undeveloped properties. Adjustments for inflation may be based on the construction cost index for Denver, Colorado, as published monthly by the "Engineering News Record." The costs of design and construction of the improvements may include engineering fees and any costs incurred by the developer for the formation or administration of a special improvement district.

(c) In order to obtain City approval of a repayment agreement for off-site stormwater improvements, the developer shall provide the City within sixty (60) days from final City approval of the construction of the stormwater facilities, copies of those items listed in Subsection 26-545(c). In addition, the developer must provide a map prepared by a licensed engineer or surveyor which shows:

(1) The location of the facilities constructed;

(2) The name of the owner of each property which abuts or contributes stormwater runoff to the facility;

(3) The assessment for each property based on the original cost, together with the method of calculation of such assessment;

(4) The acreage and parcel number of each property; and

(5) A reference to the book and page and reception number from the records of the County Clerk and Recorder where the information for each property was obtained.

(d) The term of any repayment agreement established hereunder shall not exceed ten (10) years from the date of its execution. The City Council may approve one (1) extension of the agreement for an additional period of up to ten (10) years, if application for the extension is made prior to the expiration of the original ten-year term.

(e) The books and records of the developer relating to the stormwater facilities for which the developer seeks repayment shall be open to the City at all reasonable times for the purpose of audit and verification of costs.

(Code 1972, § 93-12; Ord. No. 162, 1986, § 3, 11-4-86; Ord. No. 85, 1991, § 7, 7-16-91; Ord. No. 25, 1993, § 2, 3-16-93)

Sec. 26-547. Maintenance of storm drainage facilities.Go to the top

(a) Any person responsible for any private storm drainage facility required by the City, whether by law or as a condition of development approval or development agreement, shall maintain and operate said facility in accordance with maintenance best management practices.

(b) The owner of that real property whose property is directly served by a private storm drainage facility according to an applicable storm basin delineation is responsible to the City for costs incurred by the City pursuant to § 26-28 of this Chapter.

(Code 1972, § 93-17; Ord. No. 85, 1991, § 7, 7-16-91; Ord. No. 019, 2010, § 10, 3-16-10)

Sec. 26-548. Stop work orders.Go to the top

(a) The City Manager may, by service of written notice, order that any work undertaken pursuant to a permit issued by the City or pursuant to a City-approved development agreement be stopped if the City Manager or his or her designee determines that such work falls within any of the following categories and if the City Manager also causes a written notice to that effect to be served on the person responsible for, or conducting, such activity:

(1) the work is not in compliance with this Division of this Code;

(2) the work may cause injury to the City's storm drainage facility or waters of the state; or

(3) the work materially interferes with or impairs the City's compliance with any permit applicable to the stormwater utility.

(b) Except as specified in such notice, such person shall cease all activity until authorized in writing by the City to proceed. If the appropriate responsible person cannot be located, the notice to stop shall be posted in a conspicuous place in the area where the activity is occurring.

(c) The notice shall state the nature of the violation or potential cause of harm. A posted notice must not be removed until the violation or potential cause of harm has been remedied or the City has given authorization to remove the notice.

(d) It is unlawful for any person to fail to comply with a stop work order.

(e) A person who has been issued a stop work order pursuant to this Section and who believes he or she has been aggrieved by such order may appeal the order pursuant to procedures described in Subsection 26-28(g) of this Chapter.

(Ord. 019, 2010, § 11, 3-16-10)

Secs. 26-549—26-565. Reserved.


ARTICLE VIII.Go to the top
RESERVED*

Secs. 26-566—26-595. Reserved.


ARTICLE IX.Go to the top
UTILITY REFUND PROGRAMS**

Division 1
Generally
Go to the top

Secs. 26-596—26-610. Reserved.

Division 2
Water, Wastewater, Stormwater, Electric Utilities Refund Program
Go to the top

Sec. 26-611. Declaration of purpose.Go to the top

There is hereby enacted a utility refund program to provide relief from City utility bills for low-income elderly residents and disabled residents of the City. It is the purpose of this program to refund amounts representing a portion of utility bills charged by the City to low-income elderly residents and disabled residents. This program is intended to apply to both qualified owners of property residing on the property who have paid the utility bills for such property and to lessees of property for which such utility bills have been paid.

(Code 1972, § 113-1)

Sec. 26-612. Requirements for qualification.Go to the top

In order to qualify for the refund hereunder, in addition to meeting the qualifications required in § 25-29 of this Code, the following requirements shall be met:

(1) All utility bills for the property occupied by the applicant must be paid current. If any application for a refund is approved under the provisions of this Division, and the applicant for such refund subsequently becomes delinquent in the payment of any utility bill(s) owed to the City, the refund otherwise due said applicant may be applied by the City in whole or in part toward the payment of the delinquent bill(s).

(2) The property occupied by the applicant must receive water, wastewater, stormwater or electric utility service from the City.

(Code 1972, § 113-4; Ord. No. 60, 1994, § 6, 5-3-94)

Sec. 26-613. Application for refund.Go to the top

The application for a utility bill refund shall be the same application as that used to apply for a tax refund under the provisions of § 25-26 et seq. In order to qualify for such refund, the application must be filed within the time limits prescribed by § 25-26 et seq., and the applicant must have the qualifications set forth therein.

(Code 1972, § 113-2)

Sec. 26-614. Amount of refund.Go to the top

(a) The annual amount of refund payable hereunder shall be based on the average monthly consumption of water, wastewater, stormwater and electric services by a residential unit in the City, determined pursuant to the administrative rules and regulations of this Division. An applicant shall be entitled to a refund only for those utility services received.

(b) Any refund payable hereunder shall be made at the same time as the tax refund made pursuant to § 25-26 et seq.

(Code 1972, § 113-3; Ord. No. 60, 1994, § 7, 5-3-94)

Sec. 26-615. Refund payable from general fund.Go to the top

All refunds made pursuant to this Division shall be paid from the general fund of the City.

(Code 1972, § 113-5)

Sec. 26-616. Payment of refund to applicant.Go to the top

The provisions of § 25-31 shall apply to refunds paid pursuant to this Division.

(Code 1972, § 113-6)

Sec. 26-617. Rules and regulations.Go to the top

The Financial Officer with the approval of the City Manager shall have the power to formulate and promulgate rules and regulations for the administration of this utility refund program not inconsistent with the provisions of this Division.

(Code 1972, § 113-7)

Secs. 26-618—26-630. Reserved.

Division 3
Deferral of Fees for Affordable Housing
Go to the top

Sec. 26-631. Definitions.Go to the top

Affordable housing project shall mean a development project in which: (1) at least seventy-five (75) percent of the gross acreage to be developed under the plan is to be developed as residential dwelling units or mobile home park spaces; (2) at least ten (10) percent of said dwelling units or spaces (the "affordable housing units") are to be available for rent or purchase on the terms described in the definitions of affordable housing unit for rent or affordable housing unit for sale (as applicable); (3) the construction of the dwelling units or spaces is to occur as part of the initial phase of the project and (i) prior to the construction of the market rate units or (ii) on a proportional basis, according to the same ratio as the number of affordable units bears to the number of the market rate units; and (4) the units will be required, by binding legal instrument acceptable to the City and duly recorded with the County Clerk and Recorder, to be occupied by and affordable to low-income households for at least twenty (20) years.

Affordable housing unit for rent shall mean a dwelling unit which is available for rent on terms that would be affordable to households earning eighty (80) percent or less of the median income of City residents, as adjusted for family size, and paying less than thirty (30) percent of their gross income for housing, including rent and utilities. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years.

Affordable housing unit for sale shall mean a dwelling unit which is available for purchase on terms that would be affordable to households earning eighty (80) percent or less of the median income of City residents, as adjusted for family size, and paying less than thirty-eight (38) percent of their gross income for housing, including principal, interest, taxes, insurance, utilities and homeowners' association fees. The unit must be occupied by and affordable to such low-income household(s) for a period of not less than twenty (20) years.

(Ord. No. 66, 1994, § 3, 5-17-94; Ord. No. 96, 1996, § 2, 7-16-96; Ord. No. 19, 1999, § 7, 2-16-99)

Sec. 26-632. Deferral of fees.Go to the top

With respect to any dwelling unit which is contained within or which constitutes an affordable housing project as defined in § 26-631, the Water Plant Investment Fee ("WPIF"), Sewer Plant Investment Fee ("SPIF"), Stormwater Plant Investment Fee, the Raw Water Requirement In-lieu Cash Payment and the Electric Development Fees and Charges, as established in this Chapter, shall, upon the request of the applicant, be deferred until the date of issuance of a certificate of occupancy (whether temporary or permanent) for such unit(s) or until the first day of December of the year in which the deferral was obtained, whichever first occurs. Notwithstanding any provision in this Chapter to the contrary, in the event that, during the period of deferral, the amount of the deferred fee is increased by ordinance of the City Council, the fee rate in effect at the time of the issuance of the building permit shall apply. At the time of application for any such deferral, the applicant shall pay to the City a fee in the amount of fifty dollars ($50.) to partially defray the cost of administration. No person shall knowingly make any false or misleading statement of fact in order to obtain any deferral of fees under this Section.

(Ord. No. 66, 1994, § 3, 5-17-94; Ord. No. 147, 1996, 12-17-96; Ord. No. 19, 1999, § 8, 2-16-99; Ord. No. 104, 2004, § 6, 7-27-04; Ord. No. 136, 2005, § 8, 11-15-05)

Secs. 26-633—26-650. Reserved.


ARTICLE X.Go to the top
UTILITY SERVICE OUTSIDE CITY LIMITS

Sec. 26-651. Conditions for furnishing service within Growth Management Area.Go to the top

(a) Any person outside of the City limits and within the Growth Management Area desiring to make a connection to one (1) or both of the City's water and wastewater utilities shall apply to the City for permission and shall submit in connection with any application such information as the Utilities Executive Director may determine to be appropriate to allow him or her to review such application, and as necessary to plan and arrange for the requested service connection. A connection permit may be issued subject to compliance with § 26-653 after review and recommendation of the Planning and Zoning Board and the Water Board and the approval of the Utilities Executive Director, based upon the considerations and requirements set forth in Subsection (b). The Utilities Executive Director may, in his or her discretion, elect to approve, without the review and recommendation of the Planning and Zoning Board and Water Board, the application of persons desiring to make a single connection to one (1) or both of the City's water and wastewater utilities. If the Utilities Executive Director determines that the application should not be approved without the review and recommendation of the aforementioned boards, the Utilities Executive Director shall forthwith seek such review and recommendation prior to making his or her decision. No grant of approval hereunder shall give rise to any vested right to utility service and said service shall be contingent upon the issuance of a permit hereunder prior to the expiration of any approval by the Utilities Executive Director hereunder.

(b) New utility service may be furnished to property which is outside of the City limits and within the Growth Management Area if the Utilities Executive Director determines that the provision of such service is consistent with the relevant utility master plan documents and is in the best interests of the City, the City's utilities and the relevant utility, and if the following conditions are met:

(1) The utility concerned has surplus capacity over the immediate requirements for service within the City and the applicant has satisfied any raw water requirement assessed against property to be served with City water;

(2) The property use to be served by the utility is a legal use under the applicable zoning and subdivision requirements, whether expressly permitted or a legal nonconforming use; and

(3) The property use to be served is consistent with any intergovernmental agreement between the City and Larimer County regarding the regulation of land use and zoning in the Growth Management Area in effect at the time of approval of utility service.

(c) If a utility service permit is denied, the applicant may, in writing filed with the City Clerk within thirty (30) days of the date of denial, appeal the denial to the City Council which shall schedule a hearing to determine whether the applicant meets the standards prescribed by this Article.

(Code 1972, § 112-126; Ord. No. 168, 1986, 11-486; Ord. No. 154, 1989, §§ 1—3, 1-16-90; Ord. No. 8, 1996, § 20, 2-20-96; Ord. No. 117, 1996, § 16, 9-17-96; Ord. No. 28, 1998, § 14, 3-17-98; Ord. No. 211, 1998, § 22, 12-1-98; Ord. No. 26, 2005, §§ 3, 4, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-1)

Sec. 26-652. Conditions for furnishing service outside Growth Management Area.Go to the top

Any person outside of the Growth Management Area desiring to make a connection to one (1) or both of the City's water and wastewater utilities shall apply to the City for permission, and shall submit in connection with any application such information as the Utilities Executive Director may determine to be appropriate to allow him or her to review such application or to advise the City Council in its review of such application, and as necessary to plan and arrange for the requested service connection. A connection permit may be issued subject to compliance with § 26-653 and any other requirements imposed as a condition of approval for service hereunder, upon either:

(1) review and approval by the City Council by resolution of an application for service; or

(2) review and approval by the Utilities Executive Director of an application for service of the type and in an area consistent with a service plan for the provision of particular utility services within a defined area that has been approved by the City Council by resolution.

No grant of approval hereunder shall give rise to any vested right to utility service, and said service shall be contingent upon the issuance of a permit hereunder prior to the expiration of any such approval.

(Ord. No. 26, 2005, § 5, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)

Sec. 26-653. Permit is revocable; agreement of user.Go to the top

(a) So long as a property served is outside the City, any permit for utility services issued under this Article is revocable and the utility concerned will supply service only to the extent that it has surplus capacity over the requirements for service within the City and only so long as the permittee is in compliance with and abides by the conditions of the permit, including but not limited to all requirements of this Code applicable to utility service. The use of City water under this Article does not constitute a relinquishment of any water or water rights by the City. The City reserves and retains full dominion and control over its water and water rights and their use. Upon revocation of a water service permit for water use outside the City and the permanent disconnection of water service, the City shall remit such raw water as has been previously surrendered to the City by the outside-City user.

(b) If a permit to connect to any of the City's utilities is approved under this Article, the applicant shall:

(1) Provide a current title memorandum showing that title to the property is vested in the applicant's name at the time of issuance of a permit;

(2) With respect to property that, at the time of issuance of a permit, is within the Growth Management Area and not eligible for annexation into the City, the owner of the property shall enter into a written agreement to be recorded and to constitute a covenant running with the land that the owner or any successors in interest will join in a petition for annexation to the City when requested by the City, will pay any filing fee related thereto and will cooperate in related proceedings;

(3) With respect to property that, at the time of application for utility service, is within the Growth Management Area and eligible for annexation into the City, the owner of the property shall execute a petition for annexation which does not contain a right of withdrawal, together with all related documents, and shall pay any filing fee related thereto;

(4) Comply with all of the construction, installation and connection requirements prescribed by the applicable articles governing the utility to which connection is made the same as any inside-City applicant;

(5) Bear the costs of construction, installation and connection of utility lines except for such oversizing participation or reimbursement as may be authorized in accordance with this Chapter;

(6) Pay any surcharges upon such utility service imposed by the City Manager pursuant to his or her authority in § 7.5-3.

(7) Comply with any and all of the requirements, limitations and prohibitions conditioning service, as prescribed by the applicable articles governing the utility to which connection is made the same as any inside-City user;

(8) Use the utility service only for the qualifying use and make no extension, enlargement or alteration of the service or the use for which the connection was made without first obtaining the written permission of the Utilities Executive Director;

(9) Pay for any and all utility service in accordance with the rates applicable to said service as established by the City Council from time to time;

(10) Execute and record in the real property records of Larimer County, in a form satisfactory to the Utilities Executive Director, an instrument acknowledging and agreeing that the utility service provided to the served property is subject to the obligations set forth herein, and that said real property is subject to the applicable provisions of the permit and this Chapter;

(11) Make no assignment of the utility service permit or agreement to any other property without first obtaining the written permission of the Utilities Executive Director;

(12) For any water service, file a petition to join the Northern Colorado Water Conservancy District, Municipal Subdistrict, if the property is not already included therein, and pay the required fees.

(c) If a permittee under this Article does not connect to the permitted utility within six (6) months of issuance of the connection permits, the permit will expire.

(d) The City may suspend utility service to the property served if the user fails to comply with any of the conditions of the utility service permit until the violation is rectified. Nothing in this Article shall be construed as waiving any other remedy available to the City pursuant to this Code or other law.

(Code 1972, § 112-126; Ord. No. 168, 1986, 11-4-86; Ord. No. 117, 1996, § 17, 9-17-96; Ord. 28, 1998, § 15, 3-17-98; Ord. No. 26, 2005, § 6, 3-15-05; Ord. No. 080, 2011, § 1, 9-6-11)

Secs. 26-654—26-670. Reserved.


ARTICLE XI.Go to the top
UTILITY LINE INSTALLATION

Division 1
Generally
Go to the top

Sec. 26-671. License required.Go to the top

It shall be unlawful for any person to perform or contract to perform work on any utility which will be owned or maintained by the City or which will connect to and become a part of a City-owned utility, whether located in the public right-of-way or in an easement, without first obtaining a license to perform such work in accordance with the provisions in Chapter 15, Article XIII of this Code.

(Ord. No. 180, 1998, § 4, 10-20-98)

Secs. 26-672—26-685. Reserved.

Division 2
License
Go to the top

Sec. 26-686. Required.Go to the top

No person shall install or contract to install in any public right-of-way in the City, utility lines which will connect to and become a part of any City utility without first obtaining from the City a license to perform such work.

(Code 1972, § 112A-1)

Sec. 26-687. Application for license.Go to the top

Applications for a license under this Article shall be made to the City Engineer. The City Engineer is hereby authorized to establish forms for application and to require such information from applicants as may be necessary to accomplish the purposes of this Article.

(Code 1972, § 112A-2(A); Ord. No. 222, 1998, § 3, 12-15-98)

Sec. 26-688. Bond required.Go to the top

Any license application shall be accompanied by a bond executed by a reliable surety company in the sum of ten thousand dollars ($10,000.), which bond shall be conditioned upon compliance with all of the provisions of this Article and this Code, relating to installation of utility lines in public rights-of-way.

(Code 1972, § 112A-2(B))

Sec. 26-689. License fee.Go to the top

Any license application shall be accompanied by a license fee which is hereby established in the amount of twenty-five dollars ($25.).

(Code 1972, § 112A-2(C))

Sec. 26-690. Issuance of license.Go to the top

The City Engineer shall consider all license applications filed hereunder and shall determine whether the applicant is qualified to perform such work. If the City Engineer determines that the applicant is so qualified, he or she shall approve the issuance of the license and shall forward the license application with approval endorsed and all supporting papers to the Financial Officer who shall issue the license.

(Code 1972, § 112A-3; Ord. No. 222, 1998, § 3, 12-15-98)

Sec. 26-691. Guarantee of work.Go to the top

(a) Any person licensed shall guarantee the improvements installed for a period of one (1) year after the completion of such improvements and acceptance thereof by the City. The licensee shall be required to maintain and make all necessary repairs to utility lines installed during such one-year period without additional charge or cost to the City or to the person for whom the improvements were installed. This guaranty shall include all repairs required because of imperfections in materials used or unsuitability of materials used and all repairs required because of defects of workmanship. It shall also include defects consisting of settling of trenches or other fills or excavations. The determination of the necessity for repairs shall be exclusively at the discretion of the City Engineer. The City Engineer's decision upon such matters shall be final and binding upon any contractor licensed hereunder.

(b) If at any time within the period of the guaranty required under this Article the contractor shall fail or refuse to make the repairs required by the guaranty, then the City may proceed to cause the repairs to be made and to recover the cost by action against the bond of the contractor.

(Code 1972, § 112A-4; Ord. No. 222, 1998, § 3, 12-15-98)

Sec. 26-692. Suspension or revocation of license; appeal.Go to the top

(a) The City Engineer may suspend or revoke any license issued under this Article upon determining that the licensee has failed to abide by the requirements of this Code, including this Article, relating to work done under the license. Upon taking action to suspend or revoke a license, the City Engineer shall give written notice to the licensee of such action.

(b) The licensee may appeal the decision of the City Engineer to the City Council by filing a notice of such appeal with the City Clerk within ten (10) days after the notice is mailed to the licensee. In the event of such appeal, the City Council shall schedule a hearing on the question, and the action taken by the City Council at the hearing shall be final.

(Code 1972, § 112A-5; Ord. No. 222, 1998, § 3, 12-15-98)

Sec. 26-693. Exceptions.Go to the top

The requirements of this Article shall not apply to any party contracting with the City for the installation of utility lines.

(Code 1972, § 112A-6)

Secs. 26-694—26-710. Reserved.


ARTICLE XII.Go to the top
UTILITY ACCOUNTS, BILLING AND COLLECTIONS*

Sec. 26-711. Definitions.Go to the top

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section:

Financial Officer shall mean the head of the Financial Administration Unit or the designated representative of the Financial Officer.

Owner includes legal representatives, assigns and successors in interest as well as the actual or original owner of record of the property served by a City utility.

Utility bill shall mean the consolidated bill issued monthly by the Financial Officer which separately itemizes the charges for each utility service provided to a customer by the City.

(Ord. No. 169, 1986, § 1, 11-4-86; Ord. No. 60, 1994, § 9, 5-3-94; Ord. No. 54, 1996, § 1, 5-21-96; Ord. No. 176, 2006, § 3, 11-7-06)

Cross-reference—Definitions and rules of construction generally, § 1-2.

Sec. 26-712. Utility bill and account charges authorized; procedures.Go to the top

(a) The fees and charges established by this Code for services from the electric, stormwater, water and wastewater utilities may be billed together in one (1) utility bill with such fees and charges separately itemized, and shall be billed to utility users not less than once each month. The Financial Officer shall collect, receive and disburse all such fees and charges for the separate utility funds in accordance with the Charter and related provisions of this Code.

(b) The following account and miscellaneous fees and charges shall apply to all City utility customers receiving service pursuant to the terms of Chapter 26, whether within or outside of the corporate limits of the City, except as otherwise expressly stated:

Fees and ChargesAmount
Service connection fee for account with one or more metered services (including nonmetered services for the same account)$ 19.65
Customer-initiated rate change (after 90 days of new service)19.65
Service connection fee for account with only nonmetered services (stormwater, wastewater, wind, flat commercial electric, sprinkler clocks, cable towers and floodlights)10.00
Service fee to reinstate an account to the owner/ property manager between tenants$ 10.00
Manual meter reading charge, per month, charged to service addresses where metering equipment without remote communications capability is used, requiring an on-site visit to collect use data for water and/or electric service11.00
per month
Turn-off notice fee10.00
Reconnect fee per service for water or electric following disconnection for delinquency20.00
Trip charge for special services requested by customer during normal service hours19.65
After-hours reconnect or after-hours trip charge for special service requested by customer –
Water (after 5:00 p.m. weekdays or weekend/ holiday)
85.35
After-hours reconnect or after-hours trip charge for special service requested by customer –
Electric (after 5:00 p.m. weekdays or weekend/ holiday)
85.35
Return item fee (check, electronic fund transfer, credit card, etc.)25.00
Owner-requested repair disconnect fee, per trip20.00
Research/document fee per hour20.00
Interest rate for utility service-related loans:No less than the most current U.S. prime lending rate at the time of loan origination plus 2% and no more than the most current U.S. prime lending rate at the time of loan origination plus 5%, per annum, with the interest rate for each loan to be set in accordance with the administrative rules and regulations of the Financial Officer pursuant to § 26-720.
Loan-related fees for wastewater service-related loans:
     a. For loan application:25.00
     b. For loan origination:150.00

Other miscellaneous charges will be based on direct cost plus fifteen (15) percent indirect costs.

(c) All utility services are presumed to be furnished and supplied to the real property served without regard to the actual user or person billed for the services. Therefore, all utility fees and charges are chargeable against and payable by the owner of such real property, as well as the person contracting for the utility service.

(d) The minimum charges for flat rate and metered utility users will be prorated on the basis of actual number of days served when service is instituted or terminated on other than the beginning or ending day of the billing period.

(Ord. No. 169, 1986, § 1, 11-4-86; Ord. No. 60, 1994, § 10, 5-3-94; Ord. No. 54, 1996, § 2, 5-21-96; Ord. No. 151, 2003, §§ 2, 3, 11-18-03; Ord. No. 125, 2007, § 1, 11-20-07; Ord. No. 161, 2011, § 1, 12-6-11; Ord. 033, 2012, § 8, 5-1-12; Ord. No. 017, 2014, § 1, 2-4-14)

Sec. 26-713. Due date; delinquency.Go to the top

(a) All fees and charges for the use of utility services are due and payable in full as of the due date specified on the utility bill and become delinquent after that date. Acceptance of partial payment will not be deemed a waiver of the City's right to collect any remaining balance or to exercise any of its authorized remedies for nonpayment.

(b) All charges and fees on utility bills shall be effective as of the date mailed to the last known mailing address of the customer and shall be considered delinquent if payment is not received by the City by midnight of the due date as specified on the utility bill.

(c) In case the user of any utility fails to pay a utility bill by the due date or fails to pay any other utility fee, charge, deposit or assessment prescribed by this Code, the City may disconnect either or both of the user's water and electric services to the property and has the right to enter upon private property to accomplish this purpose.

(d) Before discontinuing a utility service for nonpayment of any utility use charge, fee, deposit or assessment prescribed by this Code, the City shall give written notice to the user of the delinquency and the intent to terminate service, unless notice has been waived in writing by prior agreement concerning payment of the delinquent amounts. If the user files a written request with the Financial Officer prior to the termination date set forth in the notice, the Financial Officer shall schedule a protest hearing before a City hearing officer on any disputed matter relative to the proposed discontinuance of utility service. The user may appeal an unfavorable decision to the Financial Officer whose decision is final.

(e) The terminated utility service will not be turned on again until all delinquent fees and charges, plus interest and collection costs together with the expenses of discontinuing and restoring service including costs of labor and materials and specified fees, are paid in full.

(Ord. No. 169, 1986, § 1, 11-4-86; Ord. No. 54, 1996, § 3, 5-21-96; Ord. No. 176, 2006, § 4, 11-7-06)

Sec. 26-714. Contributions may be passed on to consumer.Go to the top

A contribution to the general fund by the City's utilities pursuant to the Charter in lieu of taxes and franchise fees that would be paid by a private utility may be passed on to the user.

(Ord. No. 169, 1986, § 1, 11-4-86; Ord. No. 60, 1994, § 11, 5-3-94)

Sec. 26-715. Deposits.Go to the top

The City may at any time require any utility customer to pay a service deposit if the customer has received one (1) or more final turn-off notices for delinquency or if the customer is unable to provide proof of satisfactory credit history. The amount of the deposit shall be two (2) times the estimated monthly bill for the utility services to be furnished to the customer.

(Ord. No. 169, 1986, § 1, 11-4-86)

Sec. 26-716. Budget billing.Go to the top

Single-family residential users meeting the criteria of the budget billing program may request that the Financial Officer estimate their average monthly utility charges based upon the customer's historic use of utility services and bill the customer accordingly. The monthly budget billing amount may be adjusted by the Financial Officer to reflect changes in utility rates or changes in customer usage. The Financial Officer may discontinue budget billing for any customer upon a determination that customer usage patterns or customer payment history for a particular customer indicates that the use of budget billing is not practicable.

(Ord. No. 169, 1986, § 1, 11-4-86; Ord. No. 54, 1996, § 4, 5-21-96; Ord. No. 176, 2004, § 1, 11-16-04)

Sec. 26-717. Rebates.Go to the top

Eligible low-income elderly and disabled residents of the City may obtain a rebate on account of their utility bills as provided in § 26-611 et seq.

(Ord. No. 169, 1986, § 1, 11-4-86)

Sec. 26-718. Unpaid charges a lien.Go to the top

(a) Any charges imposed by this Chapter for utility services, together with interest and the collection costs, if not paid by the due date specified on the utility bill, constitute a perpetual lien on the property to which service was delivered.

(b) The attachment of such lien is not dependent on the recording of written notice, and the lien is prior and superior to all other liens, claims, titles and encumbrances whether or not prior in time except liens for general taxes. The lien remains attached to the property from the date the fees and charges became due until the delinquent fees and charges, together with interest and costs of collection, if any, are paid.

(c) When the tenant in possession of the property served or any third person pays the utility bill, it relieves the landowner from the obligations and lien imposed by this Article, but the City is not required to seek payment of utility bills from any person other than the owner. No change of ownership, occupation or possession affects the application of this Section, and the failure of any owner to discover that he or she purchased property against which a lien for utility services exists in no way affects such owner's liability for payment in full.

(d) The City may enforce the lien by a suit for foreclosure and sale of the property subject to the lien. The proceeds of the sale shall be applied to the unpaid fees and charges and allowable costs in the manner provided for foreclosure of statutory liens. The lien may also be enforced by certification of assessment upon the property to the County Treasurer for collection by the County in the same manner as delinquent general taxes and special assessments upon such property are collected or by any other means provided by law.

(e) Delinquent fees together with interest and collection costs may also be collected by civil suit against the owner of the property served or by any other lawful means, at any time after the charges become delinquent. The remedies provided under this Article are cumulative and supplemental to each other.

(Ord. No. 169, 1986, § 1, 11-4-86; Ord. No. 176, 2006, § 5, 11-7-06)

Sec. 26-719. Discontinuance of service at user's request.Go to the top

All orders for termination of water, wastewater or electric service shall be made to the Utilities Customer Service Office at least three (3) days prior to the desired discontinuance date. The user will be liable in any event for utility services consumed until the final meter reading is obtained. The termination notice given by the user does not relieve the user in any way from any minimum charges or payments guaranteed under a service contract.

(Ord. No. 169, 1986, § 1, 11-4-86; Ord. No. 54, 1996, § 5, 5-21-96; Ord. No. 030, 2012, § 100, 4-17-12)

Sec. 26-720. Administrative rules and regulations.Go to the top

The Financial Officer shall formulate and promulgate rules and regulations for the administration of this Article, not inconsistent with the provisions of this Article, with respect to the billing and collection of utility fees and charges, credit and lending standards and rates and administrative practices for utility loan programs, which shall include, but not be limited to, efficiency-related conditions on loans for renewable energy development, and other matters relating to the administration of customer accounts. Said rules and regulations may regulate without limitation, the forms and procedures for giving notice to customers; policies for adjusting billed amounts as necessary to correct errors or for administrative efficiency or to achieve equity; procedures for appeals; and procedures for the documentation of liens. Any rules or regulations promulgated by the Financial Officer hereunder shall be effective upon the Financial Officer's filing of the same with the City Clerk.

(Ord. No. 169, 1986, § 1, 11-4-86; Ord. No. 176, 2006, § 6, 11-7-06; Ord. No. 121, 2009, § 2, 11-17-09; Ord. No. 033, 2012, § 9, 5-1-12)

Sec. 26-721. Billing errors.Go to the top

(a) When an error has been made in an account, the following shall apply:

(1) When the utility determines that a utility customer has overpaid for utility service and the overpayment occurred no more than six (6) years before the date the error is made known to the utility, the utility will issue to the customer a credit or a refund, without interest, as reimbursement for the overpayment if each of the following conditions is met:

a. the customer could not have discovered the error with reasonable inquiry prior to the date of discovery;

b. documentation evidencing the overpayment is available in utility records or has been provided to the utility; and

c. the utility confirms the accuracy and sufficiency of the documentation based on utility records.

(2) When the utility determines that a current utility customer has been undercharged and had underpaid for utility service, the customer shall be billed for the undercharges unless the undercharges occurred more than six (6) years before the date the error is discovered and either of the following conditions is met:

a. the undercharges are for a minimal amount based on a threshold established by the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720; or

b. the customer could not have discovered the error with reasonable inquiry.

(b) Any attempt or action by a utility customer to mislead the utility with regard to a billing error shall be a violation of this Code, punishable as provided in § 1-15. Each day upon which any violation shall continue shall constitute a separate offense, punishable as such.

(c) Each utility customer is responsible for using reasonable diligence to review billing statements and for immediately notifying the utility of a billing error.

(Ord. No. 121, 2009, § 3, 11-17-09)


*Charter reference—Water Board, Art. XII, § 7.

*Charter references—Restrictions on sale of water property, Art. XII, § 3; control of water, Art. XII, § 4.

Cross-references—Water fund created, § 8-89; Water Board, § 2-436 et seq.; plumbing standards, § 5-125 et seq.; water supply requirements in mobile home parks, § 18-78.

*Cross-reference—Billing procedure, § 26-711 et seq.

*Cross-reference—Plumbing standards, § 5-125 et seq.

**Cross-references—Water Board, § 2-426 et seq.; plumbing standards, § 5-125 et seq.; sewer fund created, § 8-85.

*Charter reference—Municipal utility rates and finances, Art. XII, § 6.

Cross-reference—Billing procedure, § 26-711 et seq.

*Cross-reference—Plumbing standards, § 5-125 et seq.

*Charter reference—Restriction on the sale of electric property, Art. XII, § 3.

Cross-references—Electrical standards, § 5-80 et seq.; electric utility fund created, § 8-77.

*Charter reference—Municipal utility rates and finances, Art. XII, § 6.

Cross-reference—Billing procedure, § 26-711 et seq.

*Cross-references—Water Board, § 2-436 et seq.; the General Manager of Utility Services is responsible for storm­water drainage, § 2-555; storm drainage fund created, § 8-86; flood prevention and protection, Ch. 10; drainage requirements for mo­bile home parks, § 18-11(b); assessment and apportionment of cost for public improvements on ditches, laterals or drains, § 22-77.

*Cross-reference—Storm drainage fund created, § 8-86.

*Cross-references—Storm drainage fund created, § 8-86; flood prevention and protection, Ch. 10.

*Editor's note—Section 1 of Ord. No. 13, 1992, adopted Feb. 18, 1992, repealed Art. VIII in its entirety. Formerly, Art. VIII consisted of §§ 26-566—26-580, which pertained to the transportation utility and derived from §§ 108A-1—108A-13 of the 1972 Code. Sections 2—4 of Ord. No. 13, 1992, provided as follows: Section 2. That neither the Director of Utility Services nor any other officer or employee of the City shall be responsible for collecting any unpaid amounts heretofore due and payable to the City under Chapter 26, Article VIII of the City Code, and the right to collect such amounts is hereby waived by the City. Section 3. That nothing herein should be construed as requiring the City to refund any amounts previously collected by the City under the authority of Chapter 26, Article VIII of the City Code. Section 4. That nothing herein should be construed as limiting the City Council's discretion to subsequently reenact those provisions of the City Code which are repealed by the provisions of this Ordinance, or to enact any similar legislation which is otherwise permitted by law.

**Cross-reference—Tax refund and rebate programs, § 25-16 et seq.

*Charter reference—Municipal utility rates and finances, Art. XII, § 6.

Cross-references—Water rates and charges, § 26-116 et seq.; electric utility rates and charges, § 26-461 et seq.; wastewater rates and charges, § 26-276 et seq.