4800 West 92nd Avenue Westminster, CO 80031

City Government

 

8. Sanitary Sewerage

PDF version 

06/13  

CHAPTER 8

SANITARY SEWERAGE

8-8-1:  DEFINITIONS
8-8-2:  USE OF SANITARY SEWERS REQUIRED
8-8-3:  SANITARY SEWERS, SERVICE SEWERS AND CONNECTIONS
8-8-4:  USE OF THE SANITARY SEWERS
8-8-5:  SERVICE AND USER CHARGES WITHIN THE CITY OF WESTMINSTER AND SHAW HEIGHTS; LIEN ON PROPERTY
8-8-6:  PROTECTION FROM DAMAGE
8-8-7:  POWERS AND AUTHORITY OF INSPECTORS
8-8-8:  PENALTIES
8-8-9:  COMPLIANCE
8-8-10:  (REPEALED BY ORDINANCE 2030)
8-8-11:  ANNUAL AUDIT
8-8-12:  CREDIT FOR OVERCHARGE
8-8-13:  SEWER TAP FEE CREDITS
8-8-14:  MODIFICATION OF SEWER TAPS
8-8-15:  CHARGE FOR CHANGE IN SEWER USE

8-8-1:  DEFINITIONS:  For the purpose of this Chapter certain words and terms used herein are defined as follows:  (1131 2030 2634 2955)

BIOCHEMICAL OXYGEN DEMAND (BOD):  Means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty degrees Centigrade (20o C), expressed in parts per million. 

BUILDING DRAIN:  Means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the service sewer, beginning five feet (5') (1.5 meters) outside the inner face of the building wall.

CITY MANAGER:  Means the manager of the City of Westminster, Adams and Jefferson Counties, Colorado, or his designee.

DWELLING UNIT:  A single unit providing complete independent living facilities for one or more persons including permanent provisions for sleeping, eating, cooking and sanitation.

EASEMENT:  Means an acquired legal right for the specific use of land owned by others.

FLOATABLE OIL:  Is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in approved pretreatment facility.  Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

GARBAGE:  Means the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods, and from the handling, storage, and sale of produce.

INDUSTRIAL WASTES:  Means the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.

METRO DISTRICT:  Means the Metro Wastewater Reclamation District, located at 6450 York Street, Denver, Colorado, 80229.

MOBILE HOME:  Any dwelling unit built on a permanent wheeled chassis exceeding either 8 feet in width or 32 feet in length and designed for long term residential occupancy in a temporary or permanent location which is capable of being towed over public streets or highways as a unit or in sections and duly licensable as such.

NATURAL OUTLET:  Means any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface or groundwater.

PERSON:  Means any individual, firm, company, association, society, corporation, or group.

pH:  Means the logarithm of the reciprocal of the hydrogen-ion concentration.  the concentration is the weight of hydrogen-ions in grams per liter of solution.  Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.

POTW:  Means publicly owned treatment works.

PROPERLY SHREDDED GARBAGE:  Means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2"), (1.27 centimeters) in any dimension.

SANITARY SEWER:  Means a publicly controlled sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

SERVICE SEWER:  Means the extension from the building drain to the sanitary sewer or other place of disposal.

SEWAGE:  Is the spent water of the community.

SEWER:  Means a pipe or conduit that carries wastewater or drainage water.

SINGLE-FAMILY DETACHED:  A single dwelling unit contained in a free-standing structure which has no party walls with other structures.

SLUG:  Means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) (in case of heavy metals - three (3) times the average twenty-four (24) hour concentration or flows during normal operation and may adversely affect the wastewater facilities.

STORM DRAIN:  (sometimes termed STORM SEWER):  Means a drain or sewer for conveying water, ground water, drainage water, or unpolluted water from any source, excluding sewage and industrial wastes.

STORM WATER:  Means the surface runoff from rainfall and other storm events.

TAP:  Means an opening or connection between the service sewer and the sanitary sewer through which sewage is discharged.

TOTAL SUSPENDED SOLIDS:  Means total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, and referred to as nonfilterable residue.

TRANSPORT FACILITIES FEE: Means that portion of the sewer tap fee intended to cover expenses associated with the collection and transport of wastewater including pipes, pumps, lift-stations and related facilities.

TREATMENT FACILITIES FEE:  Means that portion of the sewer tap fee intended to cover expenses associated with the City of Westminster treatment facilities.

UNPOLLUTED WATER:  Means 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 sanitary sewers and wastewater treatment facilities provided.

WASTEWATER:  Means the spent water of a community.  From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any incidental groundwater, surface water, and storm water that may be present.

WASTEWATER FACILITIES:  Means the structures, equipment, and processes required to collect, convey, and treat domestic and industrial wastes and dispose of the effluent.

WASTEWATER TREATMENT PLANT:  Means any arrangement of devices and structures for treating wastewater, industrial wastes and sludge.

WATERCOURSE:  Means a natural or artificial channel for the passage of water either continuously or intermittently.

8-8-2:  USE OF SANITARY SEWERS REQUIRED:  (1131 1252 2030)

(A)  It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.

(B)  It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of said City, any wastewater except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance.

(C)  It shall be unlawful to construct, or reconstruct any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater when the site is within four hundred feet (400') of an existing sanitary sewer with sufficient capacity.

(D)  The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is not located or may in the future be located a sanitary sewer of the City, is hereby required, at the owner(s) expense, to install suitable toilet facilities therein, and to connect such facilities directly with the proper sanitary sewer in accordance with the provisions of this Ordinance, within thirty (30) days after date of official notice to do so, provided that said sanitary sewer is within four hundred feet (400') of the site.

(E)  The maintenance of any open or overflowing septic tank, cesspool, toilet, sink or open drainage from any plumbing or sanitary fixture within the City, is hereby declared to be a public nuisance and may be abated as provided in this Code.

8-8-3:  SANITARY SEWERS, SERVICE SEWERS AND CONNECTIONS:  (1131 1252 2030 2634)

(A)  No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any sanitary sewer or appurtenance thereof without first obtaining a utility tap permit from the City Manager.  The application for a utility tap permit shall be made in writing upon a form furnished by the City and shall state clearly the tap size, address and person applying for the tap and any other information as the City may reasonably require.  The service sewer may be installed as part of the sanitary sewer construction if prior approval has been received from the City.  Every applicant for a utility tap permit shall be required to obtain the permit prior to the use of the sanitary sewer.

(B)  No one shall be entitled to purchase or pay for a utility tap permit prior to issuance of a building permit for the premises for which the tap is to be used, provided, however, that the foregoing restriction may be waived by the City Manager upon a finding that the proposed utility permit will not require the issuance of a building permit.

(C)  All costs and expense incidental to the installation, connection and maintenance of the service sewer, from and including the tap on the sanitary sewer, shall be borne by the owner(s).  The City will specify all materials that the owner is to furnish pursuant to adopted City Standards and Specifications.  The sewer tap and service line shall be installed in accordance with adopted City Standards and Specifications.  The owner(s) shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the service sewer.

(D)  A tap and service sewer must be installed for each premise, unit or structure served; except where two (2) or more premises, units or structures are located on a single subdivided parcel of land under single or condominium ownership in which case one tap and service sewer may be permitted.  Water and sewer taps shall serve the same premises, units or structures.

(E)  It shall be the duty of the owner to use all necessary precaution to assure that there is no ground or surface water infiltration into or exfiltration from his service sewer.  If such infiltration is found to be present, the owner shall, at his own cost, correct the condition upon order of the City Manager.  Yard, roof or parking area drains or nonsanitary sewage sump pump discharge lines shall not be connected to the sanitary system.

(F)  Old service sewers may be used in connection with new units only when they are found, on examination and test by the City, to meet all requirements of this Code.  The cost of the examinations and tests shall be borne solely by the applicant.

(G)  The size, slope, alignment, materials and construction of all sanitary sewers including service sewers, and the method to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code, adopted City Standards and Specifications,  or other applicable rules and regulations of the City and Metro District.  All such connections shall be made gas tight and water tight and verified by proper testing.  Any deviation from the prescribed procedures and materials must be approved by the City Manager before installation.

(H)  No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or ground water to a service sewer or building drain which in turn is connected directly or indirectly to a sanitary sewer unless such connection is approved by the City Manager for purposes of disposal of polluted surface drainage.

(I)  The applicant for the service utility permit shall notify the City Manager when the service sewer is ready for inspection and connection to the sanitary sewer.  The connection and testing shall be made under the supervision of the City Manager.

(J)  All excavations for service sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

(K)  The installation of any tap may be withheld by the City of the applicant is in violation of any law of the City or in default in any agreement with the City.  It shall be unlawful to use, or permit to be used, any sewer tap installation until the work is approved by the City.  Upon approval the maintenance of the service sewer shall be the responsibility of the property owner.

(L)  In the case of subdivision, housing developments, or other areas where sanitary sewers and installations must be extended from the existing sanitary sewers to the area of use, the applicant must provide and install the necessary sanitary sewers, manholes, and appurtenances for the extension in addition to complying with all of the provisions of this Chapter.  All such extension installations shall be made under the inspection and supervision of the City Manager.  Upon completion and final approval by the City Manager all such sanitary sewers, manholes, and appurtenances incorporated in the extension shall become the property of the City.

(M)  When required by the City Manager, the owner(s) of any property serviced by a service sewer carrying industrial wastes shall install a control manhole together with such necessary meters and other appurtenances in the service sewer to facilitate observation, sampling, and measurement of the wastes.  Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Manager.  The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

8-8-4:  USE OF THE SANITARY SEWERS:  (1131 1140 1621 2030 3381)

(A)  The discharge of wastes, listed in this Subsection, into the sanitary sewer system, whether directly or indirectly, is prohibited and where investigation reveals the presence in the system of such wastes emanating from any lot, land, building, or premise, the owner, lessor, renter, or occupant of same shall, at his own expense, treat, neutralize, or in any other way prepare the non-acceptable wastes to the satisfaction of the City Manager in order to convert the same into acceptable wastes.  No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to the waste treatment system from any source:

  1. Any solid or viscous material which could cause an obstruction to flow in the sewers or could interfere in any way with the treatment process, including as examples of such materials but without limiting the generality of the foregoing, significant proportions of ashes, wax, paraffin, cinders, sand, mud, straw, shavings, metal, glass, rags, lint, feathers, tars, plastics, wood and sawdust, paunch manure, hair and fleshings, entrails, lime slurries, beer distillery slops, grain processing wastes, grinding compounds, acetylene generation sludge, chemical residues, acid residues, food processing bulk solids, snow, ice, and all other solid objects, material, refuse and debris not normally contained in sanitary sewage.
  2. Sludge or other material from sewage or industrial waste treatment plants or from water treatment plants, unless agreed to by the City Manager.
  3. Water accumulated in excavations or accumulated as the result of grading, water taken from the ground by well points, or any other drainage associated with construction.
  4. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150oF) or exceeding any lower limit fixed by the City to prevent odor nuisance where the volume of discharge represents a significant portion of the flow through a particular sewer.
  5. Any water or waste having a five (5) day BOD, which may contain more than one thousand (1,000) parts per million (PPM) by weight as averaged during any twelve (12) hour period.
  6. Any water or waste having a pH lower than five and one-half (5.5) or higher than ten (10) or having any other corrosive property capable of causing damage or hazard to the sewerage system.
  7. Any water or waste containing grease or oil or other substances that will solidify or become discernibly viscous at temperatures between thirty-two degrees Fahrenheit (32oF) and one hundred fifty degrees Fahrenheit (150oF).
  8. Any water or waste containing emulsified oil or grease exceeding seventy five (75) ppm of freon-soluble matter.
  9. Any waste with phenolic compounds over ten (10) ppm, expressed as phenol.
  10. Any waste with sulfides over ten (10) ppm, expressed as hydrogen sulfide.
  11. Any garbage that has not been properly shredded.
  12. Any cyanides or compounds capable of liberating hydrocyanic acid gas over two (2) ppm, expressed as hydrogen cyanide from any individual outlet.  The discharge of any cyanides in lesser amounts shall be permitted only upon evidence of satisfactory and continuous control of the concentration and the volume of the discharge.
  13. Any water or waste that contains a corrosive, noxious, or malodorous gas or substance which, either singly, or by reaction with other wastes, is capable of causing damage to the system or to any part thereof, of creating a public nuisance or hazard, or of preventing entry into the sewers for maintenance and repair, included in this prohibition are pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than sixty (60) degrees centigrade (140 degrees fahrenheit) using the test methods specified in 40 C.F.R. 261.21.
  14. Any pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker and safety problems.
  15. Any waste that contains concentrated dye waste or other waste that is either highly colored or could become highly colored by reacting with any other waste.
  16. Any water or waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, facility or sludge, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in the receiving waters of the wastewater treatment plant, which substances include iron, chromium, copper, zinc and similar objectionable or toxic substances such that the composite wastewater at the wastewater treatment plant exceeds the limits established by the City Manager to comply with current Metro District, State or Federal regulations.
  17. Any water or waste containing suspended solids of such character or quantity that unusual attention or expense is required to handle such materials in the sewerage process.
  18. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City Manager to comply with current State or Federal regulations.
  19. Quantities of flow, concentrations, or both which constitute a "slug" as defined herein.
  20. Any material or substance not specifically mentioned in this Section which is in itself corrosive, irritating to human beings and animals, toxic, noxious, or which by interaction with other wastes  could produce undesirable effects, including deleterious action on the system or on any part thereof, could adversely affect any treatment process, could constitute a hazard to humans or to animals, or could have an adverse effect upon the receiving stream.

(B)  If any waters or wastes are discharged, or are proposed to be discharged to the sanitary sewers, which waters contain the substances or possess the characteristics enumerated in subsection (A) of this Section, and which in the judgment of the City Manager may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City Manager may:

  1. Reject the wastes,
  2. Require pretreatment to an acceptable condition for discharge to the sanitary sewers,
  3. Require control over the quantities and rates of discharge, and/or
  4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 8-8-5 of this Chapter.

If the City Manager permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City Manager. 

(C)  Grease, oil, and sand interceptors shall be provided when, in the opinion of the City Manager, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type and capacity approved by the City Manager, and shall be located as to be readily and easily accessible for cleaning and inspection.  In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the City Manager.  Any removal and hauling of the collected materials not performed by the owner(s) must be performed by currently licensed waste disposal firms.

(D)  Where pretreatment or flow-equalizing facilities are provided or required for any water or waste, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at its expense.

(E)  The City Manager may require a user of sewer services to provide information needed to determine compliance with this Ordinance.  These requirements may include:

  1. Wastewaters discharge peak rate and volume over a specified time period.
  2. Chemical analysis of wastewaters.
  3. Information on raw materials, processes, and products affecting wastewater volume and quality.
  4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
  5. A plot plan of sewers on the user's property showing sewer and pretreatment facility location.
  6. Details of wastewater pretreatment facilities.
  7. Details of systems to prevent and control the losses of materials through spills to the Municipal sewer.

(F)  All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this Chapter shall where applicable, be monitored using analytical procedures specified in 40 C.F.R. part 136, "Guidelines establishing test procedures for the analysis of pollutants" for pollutants for which analytical procedures are not included in 40 C.F.R. Part 136, analysis is to be performed in accordance with the latest edition of either the "Standard Methods for the Examination of Water and Wastewater", or the "ASTM", Annual Book of Standards or the "Methods for Chemical Analysis of Waters and Wastes", published by the Environmental Protection Agency.  Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the City Manager.

(G)  No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment; except that such wastes accepted under these agreements or arrangements shall not (1) violate any Federal minimum pretreatment standards and requirements or (2) violate any user discharge limits promulgated by the Metro District.

8-8-5:  SERVICE AND USER CHARGES WITHIN THE CITY OF WESTMINSTER AND SHAW HEIGHTS; LIEN ON PROPERTY:  (1131 1312 1320 1430 1455 1528 1788 1819 1900 1954 2025 2030 2080 2097 2123 2166 2197 2460 2634 2635 2836 2955 2968 3145 3281 3298 3306 3438 3496 3545 3683)

(A)  (Repealed by Ordinance 2197)

(B) RATE SCHEDULES:

Single-family residential equivalent (SFRE).  A single-family residential equivalent is based on a three-quarter inch (3/4") water service tap and meter and is equal to one (1) single-family unit which means a building or structure used or designed to be used as only one residential unit (including a detached dwelling [single-family house] and a mobile home); each residential unit in a duplex; and each residential unit having water service separately connected to the water main or private water distribution system in a building or structure with three (3) or more residential units.  Residential single family and single family attac hed units with other than 3/4" water service taps and meters due solely to meet residential fire sprinkler demand shall be considered one (1) SFRE>  All residential 5/8" X 3/4" residential taps and meters installed prior to January 1, 2013 shall be considered one(1) SFRE.

All connections that are not single-family residential units, or are single-family residential units with larger than a five-eighths by three-quarter inch (5/8" x 3/4") water meter service, except as noted above, shall have the number of single-family residential equivalents (SFRE's) determined through the size of the water service taps serving the building, structure, or premise, and in certain cases (determined by the water service tap size) shall use the alternate calculation method including estimated quantities of flow, BOD, SS, and TKN to be discharged to the system.

The following Sewer Tap Fee calculation method shall be in effect for all tap fee payments made on or after January 1, 2013:

Sewer Tap Fees shall be based on two of three components:

The Transport Facilities Fee
The Treatment Facilities Fee
The Metro Facilities Fee

The residential Transport Facilities Fee shall be calculated as the base Transport Facilities Fee times the number of units times the service commitment factor associated with the dwelling type as defined below.  The non-residential Transport Facilities Fee shall be calculated as the base Transport Facilities Fee times the number of SFRE's. 

Residential
Connection

Single
Family
Detached

Mobile
Home
Space

Single-
Family
Attached
Unit

Multifamily
Unit

Attached
Senior
Housing
Unit

SC Factor

1.0

1.0

0.7

0.5

0.35

 The Treatment Facilities Fee shall be calculated as the current base Treatment Facilities Fee times the number of SFRE's. 

The Metro Facilities Fee shall be calculated as the current base sewer connection charge set by the Metro District, multiplied by the number of SFRE's.

Reactivation Charge.  A Reactivation Charge shall be charged to any reactivated connection that has not registered metered water use for a period of 10 years.  The Reactivation Charge is due for each SFRE for each year beyond 10 years that the connection has been inactive.  The Reactivation Charge shall be adjusted as part of the base Sewer Tap Fees to equal the Metro District charge for reactivation.

2013 base components of the Sewer Tap Fee per SFRE are as follows:

          Transport Facilities Fee                       $1,594.00
          Treatment Facilities Fee                      $3,310.00
          Metro Facilities Fee                            $3,310.00
          Reactivation Charge                            $120.00 per year beyond 10 years

Each year, the Transport Facilities Fee shall be automatically increased in accordance with the Consumer Price Index (CPI) for the previous calendar year as established for the Denver Metropolitan Area.  In addition, at any time, the Treatment Facilities Fee shall be adjusted to reflect the City of Westminster's treatment facilities costs, and the Metro Facilities Fee shall be adjusted in accordance with any changes to the base sewer connection charge set by the Metro District.

Tap fees for clubhouses, swimming pools, and other recreation or accessory uses in single-family detached, single-family attached, and multi-family developments are not included in the individual unit Sewer Tap Fees listed above.  Tap fees for these uses shall be calculated at the rates listed in the following SFRE Table:

Meter Size in Inches

SFRE

5/8 x 3/4

1.0

3/4

1.9

1

4.5

1-1/2

11.0

2

20.0

3

42.0

4

76.0

6 or larger

Use Alternate Calculation Method

Alternate calculation method:  A new sewer connection which serves by multiple new water service taps with a combined service commitment of greater than or equal to 205, shall have its number of service commitments determined in the same manner that  connections for service taps for water meters six inches 6" or larger are determined.

For service taps for water meters six inches (6") or larger, the number of service commitments for calculating the Sewer Tap Fee shall be determined from the following formula:

SFRE’s =

Flow x (F)

+

BOD x (B)

+

SS x (S)

+

TKN x (T)

225

0.385

0.394

0.0488

Where:  flow = estimated flow, in gal/day (peak month); BOD = estimated biological oxygen demand in lbs/day (peak month); SS = estimated suspended solids, in lbs/day (peak month); TKN = estimated total nitrogen, in lbs/day (peak month).

At minimum, the following values shall be used in the above formulas:

Tap Size

Flow

BOD

SS

TKN

6”

46,125

78.86

80.78

10

8”

74,250

126.95

130.04

16.1

10”

136,125

232.73

238.41

29.52

The City shall make the final determination of the estimated flow, BOD, SS and TKN used to determine the number of service commitments for each new connection, which is subject to the above formula.

Following are the fractions of the Metro District's capital investment used for the treatment of flow and loadings, effective January 1, 2013:  Flow (F) = 0.5245, BOD (B) = 0.2309, SS (S) = 0.1684, TKN (T) = 0.0762.  These fractions may change at any time to reflect changes imposed by the Metro District or changes in the City of Westminster treatment costs.

The City shall review applicant's determination of water tap size and may adjust Sewer Tap Fee charges if the projected water use is more than the maximum service commitment for the corresponding water meter size listed.

(C) Payment of the Sewer Tap Fee shall be made no earlier than the date upon which the application is approved for a building permit and no later than the date upon which the water meter(s) are installed for the property.  In any event, payment of such fee shall be a prerequisite to the issuance of a certificate of occupancy.  When the calculated Sewer Tap Fee, based on the Tap Fee Schedule in effect at the time of the water meter installation, is different than the tap fee paid at the time of the issuance of the utility permit, the difference in the Sewer Tap Fee must be paid to the City prior to the installation of the water meter.

Payment of the Sewer Tap Fee for any other installation or construction not requiring issuance of a building permit shall be at the time of sewer tap utility permit application.

Where additional units are to be served by a sanitary sewer previously installed and currently serving the original units, the Sewer Tap Fee for said additional units shall be at the current rates.

(D)    The rates for user charges hereinafter set forth are based generally upon the quantity and quality of sewage collected and they are subject to change periodically as circumstances require.  The minimum monthly amount for use of the City of Westminster sanitary sewerage system by residential, including multiple unit residential, and public users shall, in 2013, be a sum equal to four dollars and  fifty-two cents ($4.52) per thousand (1,000) gallons, and shall, in 2014, be a sum equal to four dollars and seventy cents ($4.70) per thousand (1,000) gallons, multiplied by the average monthly water consumption per user billed during the months of January through March.  The minimum monthly rate for use of the City of Westminster's Sanitary Sewage System by multiple units and commercial users shall, in 2013, be a sum equal to five dollars and five cents ($5.05) per thousand (1,000) gallons, and shall, in 2014, be a sum equal to five dollars and twenty-five cents ($5.25) per thousand (1,000) gallons, multiplied by the average monthly water consumption per user billed during the months of January through March.  The minimum monthly sewer charge for commercial users may be appealed to the Utility Billing Division for user charges resulting from the average monthly water billed during the period of January through March and may be adjusted if the water billed during the months of July through September is less. Commercial users shall be allowed to install a separate meter to record out of house use which consumption will not be assessed a sewer use charge.  The meter readings actually taken prior to and closest to the specified time frame shall be used for purposes of accomplishing the required calculation.  However, City Council may by Resolution adjust the period of time to be used to calculate said user charges when, in the opinion of the Council, climate conditions and water consumption patterns warrant such an adjustment.  The monthly charge shall apply to an account that is billed for more than fifteen (15) days service.  Any new occupant of a residential unit shall, in 2013, be charged twenty-two dollars and sixty-eight cents ($22.68), and shall, in 2014, be charged twenty-three dollars and fifty-eight cents ($23.58) minimum monthly sewer charge until an experience rate has been established.  Single-family residential customers that, based upon occupancy patterns, register no water use during any month of the annual calculation period shall be charged based on a monthly minimum volume of two thousand (2,000) gallons per each month of zero water use.  Individual reviews of indoor water consumption may be made on a case-by-case basis.

Residential users who appeal the initial sewer charge rate can have the rate adjusted to actual usage of the first four (4) months of occupancy.  Any new multi-unit or commercial account shall be charged a rate based on water consumption of similar accounts in the Westminster or the Denver Metro area.  Any account not receiving Westminster water will be based on actual consumption, if available, or consumption of similar accounts.

(E) The City will determine average numeric criteria for the quality and quantity of sewage collected from commercial users.  The City will assess a surcharge rate for non-residential users discharging waters and wastes with quality characteristics greater than the average commercial user.  Such users will be assessed a surcharge sufficient to cover the costs of treating such users the higher strength wastes.

(F) (Repealed by Ordinance 1312)

(G) Statements for sewer service charges shall be dated and sent out to users at regular intervals.  Such statements shall be added to and made a part of the water bill, if customers receive water service from the City, or by separate billing if water service is not provided by the City.

(H) Delinquent sewer bills shall be collected in the same manner as delinquent water charges, including the discontinuance of water service for nonpayment of sewer charges.  Any payments received for combined water and sewer bills which are for less than the sum of water and sewer bills, shall be first applied to the sewer charge, and any remainder to the water charge.

For customers not receiving City water service, these same provisions shall apply, except that instead of discontinuance of water, a five dollar ($5) late charge shall be added to the next bill at the time of billing, to cover additional accounting charges.  If a sewer charge is not paid in nine (9) months, a lien shall be recorded against the property for the balance then due, plus a twelve dollar ($12) filing fee.  If the lien is not paid in fifteen (15) months, the service line shall be disconnected from the City's main and plugged.  Service shall not be restored until the account is paid in full plus the actual cost to the City of disconnecting the service line.  Reconnection shall be the responsibility of the owner.  If such disconnection is required, the City shall notify the Health Department and agency furnishing water to the premise of the action to be taken.

(I) The City shall have as security for the collection of such sewer service charges and penalties, a lien upon the real property served by sewer service, which lien shall become effective immediately upon the supplying of such sewer service and shall not be discharged until the payment is made of all the sewer service bills, penalties and charges as herein provided.  Such liens shall be governed by Title I, Chapter 31 of the Westminster Municipal Code.

(1) All charges prescribed by this Code relating to the provision of sewer service, together with the cost of collecting such charges, including court costs and attorneys’ fees, are a lien that is first and prior to all other liens, claims, titles, and encumbrances, whether prior in time or not, except liens for general taxes, and shall remain a lien upon the real property served by the sewer connection from the date such charges and the cost of collecting them, if any, become due, until they are paid.
(2) The City may enforce the lien against the property or the liability against the property owner in any action at law or an action to enforce the lien.  If any person in possession of any premises, building, lot, house, or other dwelling unit pays the entire charges due and owing, the payment relieves the property owner from such liability and the premises from the lien.  However, the City is not required to look to any person other than the owner of the premises, building, lot, house, or other dwelling unit for the payment of the charges.

(J) Owners or agents in charge of business blocks or other buildings occupied by more than one tenant using water from the same service pipe and/or discharging sewage through the same service sewer shall be required to pay the same rate for the whole of such building, unless a separate water meter is installed for each tenant.

(K) These rates and charges are established so that each user class pays its proportionate share of the costs of wastewater treatment services and the City Manager is hereby directed to annually review the charge structure to assure that proportionality between user classes is maintained and to recommend modifications as appropriate.  Each user shall be notified annually by the City of its user charges.

(L) Reduction of Tap Fee:  A nonresidential customer requesting a reduction in the assignment of the tap fee may apply for such reduction to the Building Division.  The request must provide calculations showing the actual sewage discharge level.  If approved, the reduction in tap fee may only be reduced to the next lowest full water tap size.

(K)  Reduction of Tap Fee:  A nonresidential customer requesting a reduction in the assignment of the tap fee may apply for such reduction to the Building Division.  The request must provide calculations showing the actual sewage discharge level.  If approved, the reduction in tap fee may only be reduced to the next lowest full water tap size.

8-8-6:  PROTECTION FROM DAMAGE:  It shall be unlawful to maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the wastewater facilities.  (A2030)

8-8-7:  POWERS AND AUTHORITY OF INSPECTORS:  (A2030 3381)

(A)  The City Manager and other duly authorized representative bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharge to the municipal wastewater collection system in accordance with the provisions of this Chapter.  If the owner or occupant refuses to consent to such inspection, the City Manager may apply to the Municipal Court for an administrative search warrant.

(B)  The City Manager or other duly authorized representatives are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system.  Any confidential material received by the City shall be kept confidential by the City upon request of the industrial user to the extent permitted by applicable law.

(C)  While performing the necessary work on private properties, the City Manager or a duly authorized representative shall observe all safety rules applicable to the premises established by the company,.  The City shall provide insurance coverage against liability for injury or death of City representatives while on the premises of the company, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 8-8-4(E). 

(D)  The City Manager and other duly authorized representatives of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement.  All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the easement.

8-8-8:  PENALTIES:  (1252 1563 1803 2030)

(A)  Any person(s) found to be violating the provisions of this Chapter except Section 8-8-6 shall be served by the City with written notice stating the nature of the violation.  The offender shall permanently cease all violations.

(B)  Any person found to be in violation of any of the provisions of this Chapter shall be guilty of a misdemeanor, and on conviction thereof, shall be fined and/or imprisoned for each violation as specified in Section 1-8-1 of this Code and may also be subject to civil remedies provided by Chapter 4 of Title IX of this Code.  Any violation of this section shall be a criminal offense.  Each day in which any such violation shall continue shall be deemed a separate offense.

(C)  Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.

(D) All persons connected to a sanitary sewer owned and maintained by the City outside of the boundaries of the City shall be subject to the requirements of this Chapter and shall be subject to the enforcement procedures authorized by this Chapter to the extent that such enforcement is authorized by law and pursuant to any applicable contracts with the interested counties or other governmental agencies.

8-8-9:  COMPLIANCE:  Any person(s) having a connection to the sanitary sewer system upon the effective date of this Ordinance shall have ten (10) days thereafter within which to comply with the requirements hereof.

8-8-10:  Repealed by Ordinance 2030

8-8-11:  ANNUAL AUDIT:  At the end of each calendar year, an audit shall be made of revenues and disbursements associated with the wastewater collection and treatment system.  The audit shall be based on a full calendar year and shall be approved and signed by the City Clerk.

8-8-12: CREDIT FOR OVERCHARGE:  The City Manager may give credit to any utility customer who has been overcharged.  (1131 2030)

 8-8-13: SEWER TAP FEE CREDITS:  (1252 1788 2030 3306)

(A) Upon issuance of a tap permit for the first new service tap, a tap fee credit shall be given in an amount to be calculated by subtracting the cost of the current Sewer Tap Fee of the original tap from the current value of the Sewer Tap Fee of the first new service tap.
(B) The amount of credit shall be fixed at the issuance of the first new service tap and may be used for payment for additional service taps that are used on the same property.
(C) In no instance shall cash refunds be granted.
(D) If any tap is installed and completed without receiving a utility permit and the proper inspection and approval by the city, no tap fee credit shall be given.
(E) If a demolition or vacation of a unit results in an abandonment of an associated sewer tap as defined in Section 8-8-14, no tap fee credit shall be granted at the time a new tap permit is issued.
(F) Any service commitments associated with sewer taps to serve buildings demolished in established urban renewal areas may be transferred as tap credits to an urban renewal authority or the City for use in approved redevelopment projects within that same urban renewal area.  Sewer service commitment credits shall be calculated based on the tap size of the former water tap.  When a credit is used for full or partial payment for a new sewer tap, all other applicable charges shall be assessed using the then current fee schedule in effect.

(G) In any case where Sewer Tap Fees are paid by the City to the Metro District for sewer service at a location, the use of SFRE credits may be limited in use and amount by the agency due payment.  In no case shall the City issue credits more than the amount issued by the Metro District.

8-8-14:  MODIFICATION OF SEWER TAPS:  (3306) A sewer tap, once installed, is associated with the building and property that it serves and no person shall disconnect, modify or change said tap in any way, except as provided below:

(A) RELOCATING TAPS:  The disconnection or relocation of a sewer tap is subject to the following requirements:

1. Any person disconnecting or relocating a sewer tap must obtain written permission of the director of public works prior to commencing said disconnection or relocation; and

2. Disconnection of an existing sewer tap and/or installation of a relocated tap shall meet all requirements of section 8-8-3 and section 8-8-5 and shall be completed by the owner at the owner's expense; and

3. Existing sewer taps may be disconnected and relocated to serve a use or building elsewhere on the same property or moved to serve a use or building on a different property only if both the property served by the existing tap and the property to which the tap is being moved are under the same ownership; and

4. When a sewer tap is relocated and applied to the same use with the same pattern, amount of water use, and water tap size, a utility permit shall be required for the connection.

(B) CHANGE IN USE CONSTITUTING EXPANSION:   A change in use is subject to the following requirements:

  1. A change in use must be reviewed by the City's Building Division using the applicable Plumbing Code.  Such review will include a fixture count evaluation, a water velocity evaluation, and an AWWA guidelines review.   A change in use is presumed to occur when:
    (a) The use of the served property is changed to a different use category for zoning or land use purposes, or
    (b) Any modifications to landscape are made that require an ODP, ODP amendment, or ODP waiver, or
    (c) Any building or plumbing modifications that require a permit are made to the served property, or
    (d) A new or additional water use is introduced on the served property, or
    (e) A water tap is relocated and applied to a different use or building on the served property, or
    (f) A water tap is relocated to a different property.
  2. If the review of the change in use determines the need for a larger water tap and/or meter than previously purchased for the property, the use will be considered an "expansion of use" and the provisions stated in paragraph 3 below apply.
  3. When an expansion of use occurs, a Sewer Tap Fee in an amount equal to the difference between the current Sewer Tap Fee for the existing tap and the current Sewer Tap Fee for the new tap serving the new location and/or use shall be paid.

(C) BUILDING DEMOLITION: 

  1. When any building currently having a sewer tap is demolished, and a building permit for a new building on the same parcel is issued within three (3) years of the last registered water consumption and the new building maintains the same use with the same pattern and amount of water use as the pre-existing building, no new Sewer Tap Fee shall be required and the new building shall be regarded as being served by the tap in service prior to demolition of the pre-existing building.
  2. When any building currently having a sewer tap is demolished and no new building permit on the same parcel is issued within three (3) years of the last registered water consumption, abandonment will be presumed pursuant to subsection (D) below.

(D) ABANDONMENT:

  1. Sewer service commitments or SFRE's are associated with a tap.  Abandonment of any tap will result in the forfeiture of the associated service commitments. 
  2. Any building having a water meter not registering usage for more than thirty-six (36) consecutive months, and for which payment of the monthly water meter charge has not been made continuously, shall constitute an abandonment of the associated sewer tap service commitment and SFRE's.  Notification of the effective date of the abandonment of the sewer tap shall be mailed to the last known address of the property owner or manager.  Any subsequent sewer usage by that building shall require receiving a new service commitment and the purchase of a new sewer tap.
  3. Upon abandonment of a tap, the consumer or the property owner shall be responsible for properly abandoning the sewer tap and service sewer.  Such service sewer shall be sealed with a stopper and filler material at the tap specified by the city.  No persons shall abandon any service sewer without first obtaining a permit under the building regulations of this Code.  An appropriate street cut permit shall be required to assure proper inspection and reconstruction of the street.  In the event the sewer tap and service sewer is not appropriately abandoned, the City may appropriately abandon the sewer tap and service sewer and charge the cost thereof to the real property former served and may collect said charges in the same manner provided for in Section 8-7-9, delinquent payments and additional charges, W.M.C.

8-8-15: CHANGE IN SEWER USE (2955 3306)  Any change in customer sewer use that results in an additional assessment by the Metro Wastewater District shall result in those assessments being charged to the customer by the City.

 

 

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