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0674 Impact Area Wastewater Collection Authority 2009/"\ CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 67 4 /'`� AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING REGULATIONS APPROVED BY THE CHUBBUCK IMPACT AREA WASTEWATER COLLECTION AUTHORITY; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: BACKGROUND 1. The City of Chubbuck ("Chubbuck"), the City of Pocatello ("Pocatello') and Bannock County ("Bannock County") executed a Joint Powers Agreement ("Agreement") which formed the Chubbuck Impact Area Wastewater Collection Authority ("Authority"). 2. At its March 27, 2008 meeting, the Authority approved assessment of a connection fee of $5,229 ("Connection Fee") per building permit for 2008, in addition to the Pocatello plant capacity fee. The Connection Fee and the Pocatello plant capacity fee may be amended from time to time by resolution of the Chubbuck Impact Area Wastewater Collection Authority (CIAWCA). Amendment and/or additions to the adopted fee schedule shall be come effective when ratified by resolution of the Chubbuck City Council. 3. Chubbuck by Ordinance Number 658, Bannock County by Ordinance Number 2008-3 and Pocatello by Resolution 2008-30 approved the Connection Fee. 4. Authority has promulgated Sewer Regulations ("Regulations") to provide for the implementation and collection of the Connection Fee, which Regulations were formally approved by the Authority at its June 25, 2009 meeting. These Sewer Regulations contain policy decisions that constitute a Major Decision as defined in Article 5.1 (B) of the Agreement which need written approval of Chubbuck, Pocatello and Bannock County. Ordinance - Page 1 ch u bb u ck07270gordad opta uth regs.wpd 5. Chubbuck, by this Ordinance, does formally approve and adopt the Sewer Regulations established by the Authority. 6. While these Regulations do not directly impact land lying within the Chubbuck, the Regulations are codified herein to facilitate coordination between the public and the jurisdictions comprising the Authority for ease of access to these Regulations not only through the respective clerks of the governing jurisdictions but also through the online resources of the governing jurisdictions and Chubbuck's code codifier. Based upon the forgoing, it is hereby ordained by the Mayor and City Council of Chubbuck as follows: Section 1. The following Chapter 13.32 of the Chubbuck Municipal Code is hereby adopted: Chapter 13.32 Chubbuck Impact Area Wastewater Collection Authority Sewer Regulations (*NOTE: This Chapter does not apply within the City limits of Chubbuck but is adopted by Chubbuck to ratify a Major Decision by the Chubbuck Impact Area Wastewater Collection Authority and is codified herein to facilitate coordination between members of the public operating within that portion of Bannock County lying within the Chubbuck Impact Area and the Authority. Nothing contained herein shall be construed or interpreted as the City of Chubbuck exercising control or jurisdiction within those portions of Bannock County lying within the Chubbuck Impact Area. These Regulations may only be enforced and administered by the Authority and its employees, agents and staff.) SECTION: 13.32.01 GENERAL PROVISIONS 1. Incorporation By Reference 2. Definition of Terms 3. Abbreviations 4. Administration 5. Scope of Chapter 6. Falsifying Information 7. Limitation of Liability 8. Penalty 9. Appeals 13-32.02 CONSTRUCTION Connection to Sanitary Sewer Required Ordinance - Page 2 chubbuck072709ordadoptauthregs.wpd 2. Right to Revoke Permission 3. Submission of Information 4. Notice of Inspection 13-32.03 SEWER CHARGES 1. System of Charges 2. Fees 3. Sewer Service Charge 4. Miscellaneous Charges 5. Responsibility Entity For Payment of Sewer Service Charge 6. Sewer Service Charge Relief 7. Billings and Collection Procedures 8. Billing Period 9. Rendering of Bills 10. Notice of Delinquencies and Hearing Procedures 11. Termination of Service 12. Restoration of Service 13. Amount of Deposits 14. Payment of Past Due Amounts 15. Recovery of Costs Incurred by the CIAWCA 13.32.01 GENERAL PROVISIONS 13.32.01.1: INCORPORATION BY REFERENCE: Chapters 13.16 -Sewer Regulations, 13.18- Septage Waste Haulers, 13.20 -Nonresidential Wastewater Dischargers, and 13.24 -Extensions of Sewer Collection and/or Water Systems, of the City of Chubbuck, Idaho ordinance are incorporated by reference into these regulations. All powers, authority and responsibility of the Chubbuck City Council referred to in the incorporated ordinances are hereby granted to the CIAWCA Board. All references to the Public Works Director or Pretreatment Coordinator referred to in the incorporated ordinances shall correspond to the CIAWCA Administrator for purposes of this ordinance. The City of Chubbuck ordinances incorporated into this ordinance are available for review at the office of the City Clerk, City of Chubbuck, 5160 Yellowstone Avenue, Chubbuck, Idaho, 83202. 13.32.01.2: DEFINITION OF TERMS: Certain terms used in this Chapter shall have the meanings herein given to them. ACT: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. and Sections 67-2327 through 67-2333, inclusive, Idaho Code. ADMINISTRATOR: Entity or official responsible for providing administration for the CIAWCA as appointed pursuant to Section 3.2 of the Joint Powers Agreement. Also referred to as Managing Agent in CIAWCA By - Laws. AGREEMENT: The Joint Powers Agreement, dated September 1, 2007, any of its subsequent revisions, and any amendments adopted thereto. Ordinance - Page 3 ch ubbuck072709ordadopta uth regs. wpd n I'll" AUTHORITY: The Chubbuck Impact Area Wastewater Collection Authority. BOARD: The board of directors of the CIAWCA appointed pursuant to Section 3.3 of the Joint Powers Agreement. C.F.R.: The United States Code of Federal Regulations. DOMESTIC USER Any person who contributes, causes, or allows the contribution of (RESIDENTIAL USER): wastewater into the POTW that is of a similar volume and/or chemical make-up as that of an Equivalent Residential Unit as defined by the most recent accepted evaluation of the composition of the wastewater treated by the CIAWCA. Initially, a residential dwelling unit typically includes up to 100 gallons per capita per day, 0.2 pounds of BOD per capita, and 0.17 pounds of TSS per capita. ENTITY: Collectively, those political organizations that participate in the governance of the Authority and that have a voting seat on the board; initially defined as the City of Chubbuck, City of Pocatello and Bannock County. ENVIRONMENTAL The United States Environmental Protection Agency. PROTECTION AGENCY OR EPA: EQUIVALENT A volume or rate of flow of wastewater representing the flow and RESIDENTIAL UNIT strength of wastewater typically associated with a connection to the (ERU): Facility for a single-family residence within the service area of the Authority. EXISTING USER: For noncategorical Users, an 'Existing User" is defined as any User which is discharging wastewater prior to the effective date of this ordinance. CIAWCA Facilities as may be from time to time developed by the FACILITY: Authority but which are currently set forth in the North Bannock County Sewer Feasibility Study dated February, 2007 as prepared by J -U -B Engineers, Inc. This expressly excludes any systems, property, or facilities owned or operated by Bannock County or the City of Pocatello. INDUSTRIAL An authorization or equivalent control document issued by the WASTEWATER CIAWCA to industrial Users discharging wastewater to the POTW. DISCHARGE PERMIT: The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter. PARTICIPATING Those political organizations that participate in the governance of the ENTITY: CIAWCA and that have a voting seat on the Board; initially defined as the City of Chubbuck, City of Pocatello and Bannock County. Ordinance - Page 4 chubbuck072709ordadoptauthregs.wpd r'N PERSON: Any individual, partnership, co -partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state or local entities. PRETREATMENT Prohibited discharge standards, categorical pretreatment standards STANDARDS: and local limits established or adopted by the CIAWCA. PRIVATE SEWER: All sewers except public sewers. PUBLIC SEWER: A sewer which discharges directly or indirectly into the POTW and which is owned by the CIAWCA or one of the participating Entities, and is located on public property or within a publicly -owned easement. PUBLICALLY OWNED Publicly owned sewage treatment works owned and operated by the TREATMENT WORKS City of Pocatello. (POTW): REGIONAL SYSTEM: Those assets owned and maintained, or maintained under contract with a separate entity, used for conveyance, pumping, or treatment of wastewater by the CIAWCA along with all associated appurtenances. SANITARY SEWER: A sewer that conveys, or which is intended to convey, sanitary sewage or industrial wastes, or a combination of the two. The point of connection of the private sewer to the public sewer. SERVICE CONNECTION: SERVICE AREA: SERVICE TAP SEWER SERVICE STORM WATER: USER: Ordinance - Page 5 ch ubbuck072709ordadoptauthreg s.w pd The City of Chubbuck Area of Impact, as may be amended from time to time. Service connection. The pipe extension from the building drain to the public sewer. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. The owner, manager, or authorized representative of a residence or business enterprise that has a connection to the Regional System n owned by the CIAWCA. WASTEWATER: Liquid and water -carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW. 13.32.01.3: ABBREVIATIONS: The following abbreviations shall have the designated meanings: CFR: Code of Federal Regulations CIAWCA: Chubbuck Impact Area Wastewater Collection Authority EPA: U.S. Environmental Protection Agency IDEQ: Idaho Department of Environmental Quality 1 : Liter mg; Milligrams O&M: Operations and Maintenance POTW: Publicly -Owned Treatment Works TSS: Total Suspended Solids 13.32.01.4: ADMINISTRATION: Except as otherwise provided herein, the Administrator shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Administrator may be delegated to other CIAWCA personnel. 13.32.01.5: SCOPE OF CHAPTER: This chapter shall apply to all Users of the Regional System. The CIAWCA, or the Participating Entities by Agreement, shall administer, implement, and enforce the provisions of this chapter. 13.32.01.6: FALSIFYING INFORMATION: Any person who knowingly makes any false statement, representation, or certification in any application, record, report and plan or other document filed or required to be maintained pursuant to this chapter, or who falsified, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall be guilty of a misdemeanor. 13.32.01.7: LIMITATION OF LIABILITY: Nothing herein is intended to create any private duty to any User or discharger or create any private right of action on account of any failure by the CIAWCA, or its officers, employees or agents to perform any duty or obligation set forth herein. 13.32.01.8: PENALTY: Any person who violates this chapter is punishable by a fine not to exceed one thousand dollars ($1,000) per violation per day, or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. 13.32.01.9: APPEALS: Any person or any interested party shall have the right to request in writing an interpretation or ruling by the CIAWCA on any matter covered by this chapter and Ordinance - Page 6 chubbuck072709ordadoptauthregs.wpd r'%� /'1 shall be entitled to a prompt written reply. In the event that such inquiry is by a User and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a User's request shall not stay enforcement proceedings pending. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with local and state law. 13.32.02 CONSTRUCTION 13.32.02.1: CONNECTION TO SANITARY SEWER REQUIRED: Every building or structure located within the Service Area of the CIAWCA and from which any wastewater is discharged shall be connected to the CIAWCA sanitary sewer by the developer and/or owner according to the following criteria: (A) Single -Family Residential Structure: If the existing sewer is within three hundred feet (300') of the nearest property line upon which such building or structure is situated. (B) Subdivisions: (1) Subdivisions containing 3 or more lots, regardless of development or construction phasing, must connect to the sewer system. (2) Subdivisions or lot splits (up to 2 lots total) must connect to the sewer system if the property being divided is within 600 feet of the sewer system. (C) Commercial or Multi -Family Residential: If the existing sewer is within three hundred feet (300') of the nearest property line of the business or development times the number of ERU's assigned to the entity by the Administrator, or if the business or development discharges the equivalent of 3 or more ERU's, it must connect to the sewer system regardless of distance. (D) Industrial: At a minimum, if the existing sewer is within three hundred feet (300') of the nearest property line of the business times the number of ERU's assigned to the entity by the Administrator, or if the industry or development discharges the equivalent of 3 or more ERU's, it must connect to the sewer system regardless of distance. (E) Existing Septic System Users: For individuals or entities with permitted and properly functioning septic systems in operation and within the distance criteria set forth in paragraphs (A) through (D), the requirement to connect to the sanitary sewer shall commence when the septic system fails as defined and determined by the Southeastern District Health Department. (F) Until septic system failure occurs, persons with properly functioning septic systems are encouraged to connect to the sanitary sewer system. A fifty (50%) percent discount of the sewer connection fee will be granted to those persons on septic systems who connect to the sanitary sewer system within ninety (90) calendar days of installation of the sewer and written notification from CIAWCA that sanitary sewer is available. In order for a person to be eligible for a 50% discount of the sewer connection fee, the person must abandon their septic system in accordance with the written guidance of the Southeastern District Health Department within thirty (30) days of the person's connection to the CIAWCA sewer system. Sewer availability is defined in this paragraph as sewer installed by CIAWCA, or any of its participating entities, in public right of way or easement abutting or immediately adjacent to the property line of the person's existing septic system . This Ordinance - Page 7 ch ubbuck072709ordad opta uth regs.wpd discount does not apply to existing persons who presently have public sewer available, as defined herein, as of the date of this ordinance. (G) The Administrator may waive sewer connection requirements if - (1) £ (1) the structure or development will utilize a septic system approved by the Southeastern District Health Department prior to the date of this ordinance, or (2) Bannock County has granted final plat approval for the subdivision prior to the date of this ordinance, or (3) sewer connection is deemed physically or financially infeasible by the Administrator. (H) In the event that IDEQ or Southeastern District Health Department deems any new User or existing person with a failing septic system as having reasonable access to CIAWCA sewer at distances greater than the criteria listed in paragraphs (A) through (D), IDEQ or Southeastern District Health Department requirements shall govern. (1) All extensions of and connections to the sewer shall be made at the expense of the owner or person that is required to connect to the sewer. (J) Any person or business entity that fails to make connection to the sewer in accordance with the requirements set forth in this ordinance shall be guilty of a misdemeanor. 13.32.02.2: RIGHT TO REVOKE PERMISSION: All sewer service excavation permits issued under this chapter may be revoked by the CIAWCA upon failure of the holder of the permit to comply with this chapter. 13.32.02.3: SUBMISSION OF INFORMATION: Plans, specifications and any other pertinent information relating to proposed pretreatment or processing facilities shall be submitted for approval to the CIAWCA or its assigned approving entity prior to the start of their construction if the effluent from such facilities is to be discharged into the CIAWCA sewers. 13.32.02.4: NOTICE OF INSPECTION: No person shall make connection to any CIAWCA sewer without first giving advance notice to the Administrator at least two business days prior to the time of making such connection, stating when such work will be ready for inspection. Any person desiring to install any pipe in a public street, alley or easement shall give notice to the CIAWCA or the applicable participating entity at least two business days prior to commencing the work. Notices given on any Saturday, Sunday or legal holiday or notice given which requires for work to be completed by a public entity on a Saturday, Sunday or legal holiday will not be accepted. 13.32.03 SEWER CHARGES 13.32.03.1: SYSTEM OF CHARGES: (A) A schedule of rates, fees, deposits and charges for the wastewater system and services to residential and commercial Users shall be set from time to time by resolution of the CIAWCA Board. Copies of such resolutions shall be kept on file and made available in the office of the CIAWCA Administrator. Ordinance - Page S chubbuck072709ordadoptauthregs.wpd (B) Any "industrial discharger," as defined in City of Chubbuck ordinance section 13.16.020, shall be required to comply with all the provisions of this chapter, chapter 13.24 of City of Chubbuck ordinance, and in addition, may be required to enter into an agreement with the CIAWCA known as an industrial user agreement containing provisions for use of the CIACWA, City of Chubbuck and City of Pocatello wastewater treatment systems, and including a formula for establishing the rate to be charged the particular industry. (C) In addition to the sewer service charges provided for herein, a sewer connection fee will be assessed for each permit granted for each connection to the CIAWCA sewer system. Said permit fees will be set from time to time by resolution of the CIAWCA Board. Copies of such resolutions shall be kept on file and made available in the office of the CIAWCA treasurer. 13.32.03.2: FEES: (A) Permits Required: No person shall install an addition to or alter any CIAWCA sanitary sewer within the CIAWCA, or tap onto or connect to any CIAWCA sanitary sewer line, whether lateral, main or interceptor, without first obtaining permission from the CIAWCA. (B) Fees: (1) Pocatello Treatment Plant Capacity Fee Fees: Before permission is issued for the installation or alteration of any CIAWCA sanitary sewer or before any connection is made to any CIAWCA sanitary sewer line, whether lateral, main or interceptor, the applicant shall pay to the CIAWCA, or Participating Entity, a treatment capacity fee. Treatment plant capacity fees adopted by the City of Pocatello and which are to be paid by new Users connecting to the Facility shall be collected by the CIAWCA and remitted to the City of Pocatello. (2) Sewer Connection Fee: Any person or business concern connecting to any CIAWCA sanitary sewer, whether lateral, main or interceptor, will be required to pay a Sewer Connection fee; the rate established by previous agreement with the group of developer(s) who financed a specific section of sewer main or at a rate per acre of property served by the main, depending upon the location of the pertinent main and the subject connection. Such fee shall be as adopted by resolution of the CIAWCA, and ratified by the Participating Entity(ies) having jurisdiction over the physical location of the sewer main, and, may be amended from time to time, and such fee schedule shall be maintained in the administrative office of the CIAWCA and made available to any interested parry inquiring and seeking a connection. Such fee shall be in addition to any other permit fee required. If any person or business concern constructs a sewer main entirely at his or her expense, or elects to pursue construction of a sewer main in cooperation with the CIAWCA, the CIAWCA may, establish by written agreement, a reimbursement to such person or business concern a portion of main connection charges collected by the CIAWCA from any other person who subsequently connects to the relevant sewer main established in the agreement. 13.32.03.3: SEWER SERVICE CHARGE: A monthly service charge for sewer service shall be charged to all Users. User rates shall be established by resolution of the CIAWCA Board and Ordinance - Page 9 ch ubbuck072709ordadoptauthregs.wpd n shall be kept on file in the administrative office of the CIAWCA. The rates established shall generate sufficient revenue to offset total costs of the sewerage system which includes: (A) Debt Service: Payment of principal and interest on any general obligation or revenue bond or bonds issued by the CIAWCA or a Participating Entity to defray the cost of construction, extension or improvement of the sanitary sewer system. (B) Operation, Maintenance and Replacement Costs: The costs of the sewerage system shall be reviewed periodically and User rates adjusted, if necessary, to ensure adequate revenue to cover all costs and to ensure that all Users share equally the cost of operation, maintenance and replacement. (C) Capital Improvement Fund: A fee reserved for the Capital Improvement Fund. 13.32.03.4: MISCELLANEOUS CHARGES: Connection to the Regional System requires submission of an application from the person requesting permission for connection after which a discharge permit may by issued by the CIAWCA. An application is required for all connections including individual connections, subdivisions, and existing entities. (A) Administrative Fee: A fee will be assessed for administrative costs associated with processing the application, establishing a new account and preparing a discharge permit. (1) The fee is assessed and collected at the time the person submits the application. (2) A permit will not be issued by the Participating Entity until the fee is paid. (B) Review Fee: A new connection is required to submit construction drawings prepared by a licensed professional, as required, depicting the intended means of connecting to the Regional System including details of the connection point for the User. The CIAWCA has established construction standards to the latest version of the Idaho Standards for Public Works Construction with Standard Revisions with which all new connections must comply. The CIAWCA will review the construction drawings for conformance with the standards and specifications required and for consistency with the master plan for the established service area. A fee will be assessed for costs associated with reviewing the construction drawings. (1) The fee structure is a flat rate for review of the construction drawings plus an incremental fee for the number of units or ERU's assessed to the project by the CIAWCA. (2) The fee is assessed and collected at the time the User submits the construction drawings for review. (3) The Participating Entity(ies) will require a signature block on the recorded plat for the Chairman of the CIAWCA. (4) A permit will not be issued by the Participating Entity until the construction drawings are approved and the fee is paid. (C) Inspection Fee: A new connection is required to construct sanitary facilities according to the established construction standards and specifications. Any person installing a trunk, lateral or individual service line shall pay a sewer inspection fee to cover the costs of inspection of the installation and construction of said trunk, lateral, main or service line, as well as inspection of the necessary and required service connections, manholes, related Ordinance -Page 10 chubbuck072709ordadoptauth regs. wpd s-� n structures, and appurtenances in accordance with the construction drawings and specifications on file with the CIAWCA. The person is required to provide the CIAWCA written notice of the construction schedule two business days in advance with such notice allowing inspection on a regularly scheduled work day and work hours such that the inspector from the CIAWCA can observe the materials and construction methods prior to backfilling or covering and thus preventing visual observation. If written notice is provided and the CIAWCA inspector fails to make an appearance, the person may continue construction work. In the event sewer inspection requires any time other than a normal working day, the person shall reimburse the CIAWCA at rates established by the CIAWCA for inspection work. (1) The fee structure is a flat rate for inspection of the construction plus an incremental fee for the number of units or ERU's assessed to the project by the CIAWCA. (D) Mapping Fee: Efficient maintenance and operation of the collection and conveyance system requires maintenance of records that facilitate location of buried transmission lines, lateral lines, service lines, and service connections. The CIAWCA maintains such records. A fee will be assessed to the person for locating facilities during construction, mapping of those facilities, and subsequent maintenance of the such records. (1) The person shall be required to submit construction drawings to the CIAWCA prior to beginning construction and shall be required to submit record drawings to the CIAWCA upon completion of construction and prior to discharging to the Regional Sewer System. (2) The fee structure is a flat rate for locating and mapping of the constructed facilities plus an incremental fee for the number of units or ERU's assessed to the project by the CIAWCA. 13.32.03.5: RESPONSIBLE ENTITY FOR PAYMENT OF SEWER SERVICE CHARGE: As the CIAWCA is a regional sewer system composed of several public agencies, some of which maintain ownership and control of their own separate wastewater collection or treatment systems, payment of any separate sewer service charges is the responsibility of persons utilizing those separate systems, except as provided for herein. The owner of property to which sewer services are provided by the CIAWCA shall be responsible for the payment of the sewer service charge assessed to that property. Owners of rental properties shall be responsible to pay the sewer service charge for all rental units. The CIAWCA shall bill the sewer service charge to the property owner for all rental units where CIAWCA sewer services are provided. For example, if a property owner owns a duplex, the property owner shall be billed for the sewer service to both rental units at the duplex and be responsible to pay the sewer service charge to the CIAWCA. Likewise, if a property owner owns an apartment building with twenty (20) units in it to which the CIAWCA provides sewer services, then the property owner shall be responsible to pay the CIAWCA's sewer service charge for the twenty (20) units. 13.32.03.6: SEWER SERVICE CHARGE RELIEF: (A) Any User who meets the following criteria at the time of application for the relief allowed under this section and who continues to meet the following criteria may qualify for relief on sewer service charges billed by the CIAWCA: (1) Not less than sixty five (65) years old; or Ordinance - Page 11 ch ubbuck072709ordadoptauth regs.wpd (2) A child under the age of eighteen (18) years who is fatherless or motherless or who has been abandoned by any surviving parent or parents; (3) A widow or widower; or (4) A disabled person who is recognized as disabled by the Social Security Administration pursuant to title 42 of the United States Code, or by the Railroad Retirement Board pursuant to title 45 of the United States Code, or by the Office of Management and Budget pursuant to title 5 of the United States Code; or (5) A disabled veteran of any war engaged in by the United States, whose disability is recognized as a service connected disability of a degree of ten percent (10%) or more, or who has a pension for nonservice connected disabilities, in accordance with laws and regulations administered by the United States Department of Veterans Affairs; or (6) A person, as specified in 42 USC 1701, who was or is entitled to receive benefits because he is known to have been taken by a hostile force as a prisoner, hostage or otherwise; or (7) Blind, and earns less than twenty eight thousand dollars ($28,000) per year of income as defined in Idaho Code section 63-701. This income limitation amount may be adjusted from time to time by resolution of the Board. (B) Any User meeting the criteria set forth in subsection A of this section shall have their monthly rates for sewer service reduced by thirty percent (30%) beginning with the month in which they are determined by the CIAWCA to be qualified for the reduction and continuing for each month during which the User remains qualified. Qualification shall be determined annually. Any User listed on the "circuit breaker exemption list" provided by Bannock County effective January 1 of each year shall be presumed to qualify for the utility exemption for that individual's residence served by CIACWA utility services. (C) The CIAWCA shall provide appropriate application forms for such relief for Users receiving sewer service as either homeowners or tenants; provided, however, the relief shall only apply for service provided to a User's primary residence. 13.32.03.7: BILLINGS AND COLLECTION PROCEDURES: Billing and collection procedures for user fees shall be as follows in sections 13.32.03.8 through 13.32.03.15 of this chapter. 13.32.03.8: BILLING PERIOD: All user fees shall be billed on a monthly basis. The billing period for sewer service shall extend from the first to the last day of each calendar month. 13.32.03.9: RENDERING OF BILLS: All bills for sewer services shall be rendered during the last week of each calendar month, and shall state the charge for the billing period during which the bill is rendered. Each statement shall plainly indicate that the bill becomes past due on the fifteenth day of the calendar month after which it was rendered. 13.32.03.10: NOTICE OF DELINQUENCIES AND HEARING PROCEDURES: If a bill has not been fully paid by the fifteenth day of the month after which it was rendered, the same shall become delinquent and a written notice of the delinquency and impending termination of sewer service shall be mailed to the premises. The written notice shall be served or mailed at least fifteen (15) days prior to suspending service. Such notice shall state the date on which service is to be suspended, the amount of delinquent charges and the right to request in writing a Ordinance - Page 12 ch ubbuck072709ordadoptauthregs.wpd 11—N eoN pretermination hearing. This hearing will be held before the CIAWCA Board, who shall have the power to review disputed bills and rectify errors in the billing; provided, said written request is received by the CIACWA at least one day prior to the proposed suspension date. Upon receipt of such timely request, the CIAWCA Board shall give written notice to the party requesting the hearing as to the date, time and place of said hearing, which hearing will be held not sooner than five (5) days from the date of request. The CIAWCA Board shall make a record of any pretermination hearing and shall, within ten (10) days of the hearing, render a decision in writing, giving reasons for the determination. 13.32.03.11: TERMINATION OF SERVICE: If a request for a pretermination hearing is not made within fifteen (15) days after the written notice provided for herein is mailed to the premises, or if an adverse decision is rendered against the party requesting the hearing, all deposits held by the CIAWCA shall be immediately forfeited and applied to the outstanding balance of the unpaid utility bill with any surplus refunded, upon demand, to the person or entity who originally paid said deposit to the CIAWCA or to the assignee of such person or entity, and the CIAWCA may immediately thereafter suspend sewer service. 13.32.03.12: RESTORATION OF SERVICE: In the event that sewer service has been terminated, the same shall be restored only upon the payment of any amounts still owing upon the utility bill for the forfeiture of all deposits, plus a turn-on/off fee, and, if applicable, an additional after hour turn-on/off fee if performed at a time other than normal CIAWCA business hours, as well as the deposit required by this chapter; provided, however, that payment of the amount remaining after forfeiture of all deposits shall not be required in the event that the party whose sewer service has been suspended for nonpayment has filed a petition for relief under Chapter 7, 11 or 13 of Title 11 of the United States Code, and this delinquent bill either has been listed or is eligible to be listed on the schedule of unsecured creditors. The turn-on/off fee and the after hour turn-on/off fee shall be set from time to time by resolution of the CIAWCA Board. 13.32.03.13: AMOUNT OF DEPOSITS: At the time of application for sewer service, or of application for restoration of terminated sewer service, the owner or occupant of any lot, property, building or residence requesting such service shall deposit with the CIACWA the sum of forty dollars ($40) for each service connection to such lot, property, building or residence in order to guaranty the payment of monthly sewer charges. All deposits shall be held in a fund known as the utility service deposit fund and shall be retained in said fund until all sewer services have been terminated or until the owner or occupant shall have discontinued the ownership or occupancy of such lot, property, building or residence. At such time, said deposit shall be repaid to the person or entity who originally paid said deposit to the CIACWA, and sewer services for such lot, property, building or residence shall be terminated unless a new deposit has been paid by the new owner or occupant and all other ordinances of the CIACWA relative to the receipt of sewer services have been complied with. The deposits paid under this section shall not bear interest payable to the depositor while being held in the utility service deposit fund, and shall be subject to disbursement in accordance with the procedures set forth hereinabove in the event of the owner's or occupant's failure to pay in a timely fashion the monthly sewer charges. 13.32.03.14: PAYMENT OF PAST DUE AMOUNTS: At the time of application for sewer service, or of application for restoration of the same, and prior to the commencement or restoration of such service, the owner or occupant of any lot, property, building or residence for which such service is requested shall pay to the city any and all past due amounts for sewer service due to the CIACWA by such owner or occupant, whether such past due amounts are attributable to the property for which service is now sought or are attributable to other property served by the CIACWA currently or previously owned or occupied by the applicant. For purposes of this section, "owner" shall mean any person or entity who holds legal or equitable title to the property. For purposes of this section, "occupant" shall mean a person or entity who is physically in possession of the property and is legally responsible for the upkeep and maintenance of the same, including, but not limited to, the head of any extended family residing thereon. Ordinance - Page 13 ch ubbuck072709ordadoptauthregs.wpd 13.32.03.15: RECOVERY OF COSTS INCURRED BY THE CIAWCA: Any person, User or discharger who discharges any wastewater in violation of this chapter or who causes damage to or impairs the CIAWCA's wastewater disposal system or the POTW shall be liable to the CIAWCA or POTW, as applicable, for any expense, loss, or damage caused by such violation. The CIAWCA may bill the discharger for the reasonable cost incurred by the CIAWCA for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 11THday of AUGUST , 2009. All �M-e I. '`ia._ L n M. England ATTEST: Ron Conlin, CITY CLERK Ordinance - Page 14 chubbuck072709ordadoptauthregs.wpd n SUMMARY OF ORDINANCE NO. 674 An ordinance of the City of Chubbuck, a municipal corporation of the State of Idaho, adopting regulations approved by the Chubbuck Impact Area Wastewater Collection Authority; repealing prior conflicting ordinances; providing for the severability of the provisions of this ordinance; and providing when this ordinance is effective after is passage, approval and publication. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 674 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 19 day of SUMMARY OF ORDINANCE NO. 674 - Page 1 c h u b b u c k08l 4O9. s u m ma ryord i na n ce674.wp d -a— , 200/