Chapter 13.16
SEWER REGULATIONS—RATES
Sections
13.16.040 Privies and cesspools—prohibited
13.16.060 Privies and cesspools—permitted when—nuisance when
13.16.100 Charge for sewer services
13.16.105 Allocation of proceeds
13.16.140 Review of sewer user charge system
13.16.150 Billing and payment—confidentiality of records
13.16.170 Charges for vacant premises
13.16.180 Governmental or public premises
13.16.200 Effective date of charges
13.16.220 Standard discharge limitations
13.16.230 Special discharge permits
13.16.240 Special discharge permit duration and renewal
For statutory provisions regarding rates and charges for public utilities, see AS 29.35.070.
13.16.040 Privies and cesspools—prohibited
Except as provided in KCC 13.16.060, it is unlawful to construct or maintain within the city any privy, dirt closet, cesspool, or other place for the deposit of human urine or excrement, or house slop, except such flush closets as are connected with the city sewer and constructed and maintained in accordance with the regulations of the city. [Ord. 1040, 1996. CCK §5.9.4]
13.16.060 Privies and cesspools—permitted when—nuisance when
In sections of the city service area where sanitary sewers have not been provided or are not accessible to any residence or other building within a distance of 150 feet therefrom, cesspools, septic tanks, outfalls, and privies of design and location so as to meet with the approval of the Alaska Department of Environmental Conservation may be constructed; provided, however, that within six months after the construction of sanitary sewers in these sections, the cesspools, septic tanks, outfalls, and privies shall be abandoned, filled up, or removed by any owner or builder thereof whose property line is within 150 feet of the sewer line, and should the owner of same fail to comply herewith, the city manager may condemn them as nuisances and proceed to remove and fill up such cesspools, outfalls, septic tanks, and privies at the expense of the owner and the costs thereof assessed against the property and collected with interest and costs. [Ord. 1040, 1996. CCK §5.9.6]
13.16.100 Charge for sewer services
(a) Every person provided with sewer services shall pay a sewer service charge per equivalent service unit as established by resolution of the city council. Charges for sewer services provided to premises outside the corporate limits of the city need not be the same as those for sewer services provided to premises within the corporate limits of the city.
(b) Whenever a person 65 years of age or over applies for and is primarily responsible for the sewer service costs at a residence occupied by said person, who is also head of the household, the rate for sewer services shall be one-half of the usual rate for residences. [Ord. 1040, 1996; Ord. 938 §17, 1992; Ord. 862 §1, 1989; Ord. 686 §1, 1983; Ord. 556 §4, 1979]
13.16.105 Allocation of proceeds
Ten percent of the sewer service charges collected under this chapter shall be allocated to a separate fund or account to be appropriated and utilized solely for capital improvements to the city sewer system. [Ord. 862 §2, 1989]
13.16.120 Commercial service
(a) The monthly charge for commercial sewer service shall be based on service unit equivalents as established by resolution of the city council.
(b) Septic pump truck discharge. A license must be obtained from the city prior to dumping septic tank waste into the city sewer system. Disposal shall be regulated by the terms and conditions stipulated on the license. The fees and charges for septic pump trucks discharging into the city sewer system shall be established by resolution of the city council.
(c) Combined facilities. For each building that has more than one type of business or function on one sewer system, the number of service units to be charged is the sum of the individual service units which are applicable to the facilities involved.
(d) In any case where a commercial customer is not specifically listed in the schedule of fees and charges, the public works director or designee may determine which category the customer most closely resembles in quantity and quality of sewage output and classify each customer accordingly.
(e) The minimum service charge for a person receiving commercial service is one service unit.
(f) In the event that a building is devoted to a business involving special water-consuming devices or equipment, the public works director or designee may establish a special rate therefor pursuant to the formula contained in KCC 13.16.130. [Ord. 1107, 2000; Ord. 1002 §2, 1994; Ord. 938 §§18, 19, 1992; Ord. 862 §3, 1989; Ord. 654, 1982; Ord. 503 §2, 1977]
13.16.130 Industrial service
Customers in the industrial category shall pay a metered rate according to the following formula:
|
Monthly rate = Vo V1 + bo B1 + so S1 |
||
|
Vo |
= |
Average unit cost of transport and treatment chargeable to volume, dollar/gallon. |
|
V1 |
= |
Volume of waste water from industrial users, gallons/month. |
|
bo |
= |
Average unit cost of treatment, chargeable to BOD, dollar/pound. |
|
B1 |
= |
Weight of BOD from industrial users, pound/month. |
|
so |
= |
Average unit cost of treatment, chargeable to SS, dollar/pound. |
|
S1 |
= |
Weight of SS from industrial users, pound/month. |
|
BOD |
= |
Five-day biochemical oxygen demand. |
|
SS |
= |
Suspended solids. |
[Ord. 503 §2, 1977]
13.16.140 Review of sewer user charge system
The service charge for equivalent service units and categories of service may be adjusted as necessary to reflect costs. [Ord. 1040, 1996; Ord. 503 §2, 1977]
13.16.150 Billing and payment—confidentiality of records
(a) Sewer service accounts shall be maintained in the name of the property owner and each account shall be billed monthly after the service has been rendered. Accounts shall be paid on or before the fifteenth day of the month during which the charges are billed. Accounts not paid by the close of business on the fifteenth day are delinquent.
(b) Except in connection with official investigations or proceedings of the city, whether judicial or administrative, involving delinquent accounts, or as otherwise authorized by subsection (c) of this section, no officer, employee, or agent of the city may divulge any information disclosed in customer account records kept under this chapter. The prohibition of this section shall not prohibit the preparation and use of statistical summaries of customer data that do not disclose customer identities.
(c) Notwithstanding the foregoing subsection (b) of this section, the following information, but not personal information, shall be made available to the public upon request: whether or not an individual or business is a customer; whether or not a customer is current in paying for sewer, the amount delinquent, and how long an account has been delinquent. The city manager or his or her designee may from time to time publish the names of customers on the delinquent list and the amount of the delinquency; provided, that the name of a customer who has signed a confession of judgment for delinquent charges, penalties, and interest, and a stipulation to postpone execution against such judgment, and who is current in the payments to be made and all other obligations arising as a result of such stipulation as of the date on which the names are submitted to the publisher, will not be published. [Ord. 1384 §4, 2019; Ord. 602 §1, 1981]
13.16.160 Disconnect
When any premises’ water utility has been disconnected for nonpayment of account, the sewer charge will automatically be discontinued. [Ord. 602 §2, 1981]
13.16.170 Charges for vacant premises
No reduction of charges will be made on partially vacant or vacant premises unless an owner, or the owner’s designee, files an affidavit the month prior to the beginning of the vacancy period with the city of Kodiak finance department. The affidavit shall be filed on a form provided by the city and shall contain language to allow the city to investigate the use or occupancy of the unit during times when the unit is reported vacant and shall specify a penalty amount to be paid by the property owner if the unit is found occupied during a reported vacancy. The unit shall be eligible immediately upon vacancy in full calendar-month increments only. The owner or the owner’s designee shall notify the city prior to the date occupancy is resumed. When such a vacancy occurs, a monthly charge established by resolution or motion of the city council will be charged the property owner and must be paid on or before the fifteenth day of each month. [Ord. 1128, 2001; Ord. 951 §9, 1993; Ord. 602 §3, 1981]
13.16.180 Governmental or public premises
The provisions of this chapter shall apply to governmental or public premises in the same manner as to premises which are not governmental or public. [Ord. 503 §2, 1977]
13.16.190 Sewer connections
(a) All applications for sewer service connections shall be made at the time a foundation or building permit is issued, whichever occurs first, and shall be accompanied by any required fees established by resolution or motion of the city council.
(b) If the sewer line must be tapped to provide service to the applicant, and the property to be served has not been charged for the service connection as part of a local improvement district or otherwise, the applicant shall pay the cost of the labor, equipment, and materials used, plus 10 percent for administration and inspection costs.
(c) Prior to installation of a sewer service connection, the applicant shall deposit with the city an amount estimated by the public works director to be necessary to cover the average cost of a sewer connection. If the actual costs plus 10 percent exceed the amount of the deposit, the city will bill the applicant for the difference. If actual costs plus 10 percent are less than the deposit, the difference shall be refunded to the applicant.
(d) All new sewer connections shall be designed and constructed in compliance with the applicable codes and in accordance with acceptable construction practices. Each sewer connection shall be inspected by the city prior to burial to determine source of sewage, compliance with construction standards, and general integrity of the connection.
(e) No sewer connection will be permitted if it will allow the inflow or infiltration of material from nonsanitary sources. If at any time the city identifies a private sewer line as a source of inflow or infiltration the property owner will be notified and must within 120 days repair the sewer line to eliminate the inflow or infiltration. Failure to repair the sewer line or eliminate the inflow or infiltration may result in the disconnection of water and sewer services. [Ord. 1040, 1996; Ord. 1002 §3, 1994; Ord. 979 §2, 1993; Ord. 938 §13, 1992; Ord. 862 §4, 1989; Ord. 503 §2, 1977]
13.16.200 Effective date of charges
Sewer service shall be deemed to be provided and sewer service charges shall become effective with respect to premises connected directly or indirectly to said sewer system, or thereafter discharging directly or indirectly any sewage into said sewer system, on the date of such connection or discharge; provided, however, that sewer service charges levied with regard to a premises prior to the issuance of a certificate of occupancy shall be one-half of the charge that would otherwise be applicable under this chapter. Sewer service charges shall become effective as to premises that are not directly or indirectly connected to a sewer system upon the expiration of the period given in any notice to connect to the sewer system regardless of whether such connection has actually been made, whichever occurs first. [Ord. 503 §2, 1977]
13.16.205 Lien for charges
Every charge for sewer service and sewer connections constitutes a lien chargeable against the property benefitting, and has a status the same as if the charge has been levied or assessed as a property tax. The lien may also be perfected by recording in the Kodiak Recording District. The lien may be foreclosed by the city in the same manner as any other lien or mortgage against the property for nonpayment. [Ord. 1412 §1, 2021]
13.16.210 Definitions
As used in this chapter, the following definitions shall apply:
“Commercial” means a premises used for commercial or business purposes and discharging a quality of sewage essentially similar to that of a single-family dwelling.
“Equivalent unit” means a unit of measure which is equal to the sewer usage of an average single-family unit, such unit being used to equate the sewer usage of a commercial or industrial customer to a residential customer.
“Industrial” means a premises used for manufacturing or industrial purposes which discharges industrial waste, sanitary waste, and sewage by reason of the manufacturing or industrial processes involved, or discharges chemicals or putrescible materials.
“Single-family unit” means a dwelling unit designed, improved, or used as a residence for one family only. Each unit in a multiple-family dwelling or each trailer or mobile home not in a mobile home park shall be a dwelling unit. [Ord. 979 §3, 1993; Ord. 503 §2, 1977]
13.16.220 Standard discharge limitations
(a) No user receiving sewer service may discharge or cause to be discharged, either directly or indirectly, into the municipal sewerage system, except as authorized in a wastewater discharge permit, any wastewater containing concentrations of pollutants in excess of the following:
|
Pollutant |
Limitation (mg/l) |
|
|---|---|---|
|
(1) |
Arsenic |
10.0 |
|
(2) |
BOD |
500.0 |
|
(3) |
BTEX—aromatic volatile organics |
0.1 |
|
(4) |
Cadmium |
1.0 |
|
(5) |
Chromium—total |
10.0 |
|
(6) |
Chromium—hexavalent |
4.0 |
|
(7) |
Copper |
0.3 |
|
(8) |
Cyanide |
0.3 |
|
(9) |
Lead |
5.0 |
|
(10) |
Mercury |
0.002 |
|
(11) |
Nickel |
1.5 |
|
(12) |
Petroleum hydrocarbons (total) |
100.0 |
|
(13) |
Polar fat, oil, and grease (FOG)* |
100.0; No visible free floating |
|
(14) |
Total fat, oil and grease |
100.0 |
|
(15) |
Silver |
0.02 |
|
(16) |
Suspended solids |
1,100.0 |
|
(17) |
Zinc |
9.0 |
* Polar FOG = vegetable or animal based fat, oils, and grease
(b) The limitations listed in subsection (a) of this section apply to the total discharge from a user exclusive of sanitary wastewater. [Ord. 1040, 1996]
13.16.230 Special discharge permits
(a) By obtaining a special discharge permit, users may discharge in excess of the limitations set in KCC 13.16.220 as determined on a case-by-case basis. However, in no case will the discharge exceed the technically based local limits (TBLL) contained in this section.
|
Compound |
TBLL (mg/l) |
|
|---|---|---|
|
(1) |
Benzene |
0.9 |
|
(2) |
Toluene |
8.4 |
|
(3) |
Ethyl benzene |
10.0 |
|
(4) |
Total xylenes |
12.8 |
The TBLLs are established to protect the health and safety of workers with consideration given to exposure to toxic and reactive gases and vapors, and flammability/explosivity criteria. The TBLLs are based on a technical memorandum titled “Development of Revised Technically Based Local Limits for Enforcement Under the Industrial Pretreatment Program” prepared for the Anchorage water and wastewater utility by CH2M Hill on May 22, 1996.
(b) The application for a special discharge permit shall contain the following information: name of party responsible for discharge, type of discharge, proposed discharge amount (maximum amount per day and total in pounds), pollutant concentration, discharge location, proposed discharge times, and duration of discharge. Additional information and a sample of the wastewater for testing by the city may also be required.
(c) Wastewater discharge permits will be subject to all provisions of the Kodiak sewer regulations and all other applicable regulations and fees established by the city of Kodiak.
(d) Permits may contain, but are not limited to, the following conditions:
(1) Limits on the average or maximum wastewater constituents and characteristics which may be discharged;
(2) Limits on average or maximum rate and/or time of discharge or requirements for flow regulation and equalization;
(3) Limits on total quantity of one or more constituents;
(4) Requirements for installation and maintenance of sampling and monitoring facilities;
(5) Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types, testing standards, and reporting schedules;
(6) Requirements for submittal of various reports;
(7) Requirements for maintaining and retaining plant records related to wastewater discharge and accidental spills as specified by the city and affording city access thereto;
(8) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the municipal sewerage system;
(9) Requirements for cleanup and/or repair to any part of the wastewater treatment plant and/or collection system damaged as a result of the user’s discharge; and
(10) Other conditions as deemed appropriate by the city to ensure compliance with this chapter. [Ord. 1040, 1996]
13.16.240 Special discharge permit duration and renewal
(a) All permits will be issued for a specific term which will not exceed one year, subject to amendment or revocation as provided in this chapter.
(b) If the applicant wishes to renew a permit, at least 30 days before expiration the permittee shall submit a permit reapplication in accordance with subsection (c) of this section.
(c) The reapplication for the permit shall consist of a written request for reissuance of the permit, including a statement that the permittee has complied with all terms and conditions of the existing permit and these regulations. This statement shall be signed and sworn to by a principal executive officer of the permittee, or his designee. Additional supporting analyses and documentation, and a sample of the wastewater for analysis by the city may also be required. [Ord. 1040, 1996]
13.16.250 Enforcement
(a) Suspension of service and permit. The city may suspend the wastewater service or the wastewater discharge permit of a user by special order when it appears to the city that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interfere with the operation of the city sewerage system, or cause the city to violate any conditions of its NPDES discharge permits.
(b) Revocation of permit. The city may revoke the wastewater discharge permit of any user for any of the following reasons:
(1) Failure to factually report the wastewater constituents and characteristics of its discharge;
(2) Failure to report significant changes in wastewater constituents or characteristics;
(3) Refusing reasonable access to the user’s premises by representatives of the city for the purpose of inspection or monitoring;
(4) Violating the conditions of a wastewater discharge permit or any of the provisions of this chapter; or
(5) An actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, or substantial danger to the environment, interfere with the operation of the municipal sewerage system, or cause the city to violate any conditions of its NPDES discharge permits. [Ord. 1040, 1996]