South Dakota

​​When You're Here ~ You're Home!                                           (605) 583-2320

TITLE XII

PUBLIC UTILITIES

Chapter 12.04     Residential Wastewater Service Charges

12.0401     Purpose

The purpose of this ordinance shall be to generate sufficient revenue to pay all costs for the operation and maintenance of the complete wastewater system and all or a portion of the costs for debt retirement. The costs shall be distributed to all users of the wastewater system in proportion to each user’s contribution to the total loading of the treatment works. Factors such as Biochemical Oxygen Demand (BOD), Suspended Solids (SS), volume, and delivery flow characteristics shall be considered and included as the basis for the user’s contribution to insure a proportional distribution of costs to each user.

12.0402     Determining the Total Annual Cost

The City shall determine the total annual cost of operation, maintenance, and financing of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual cost shall include but need not be limited to labor, repairs, equipment replacement, maintenance, modifications, power, sampling, laboratory tests, debt retirement, and a reasonably contingency fund.

The City shall allocate the total annual cost to the categories of Volume Annual cost, BOD Annual Cost, and SS Annual Cost.

12.0403     Determining Each User’s Wastewater Rates

The City shall determine each user’s average annual volume of wastewater which has been discharged to the wastewater system, the average annual volume of infiltration and inflow entering the wastewater system, and the total annual volume entering the wastewater system. The basic volume rate shall be determined by dividing the volume annual costs by the total annual volume. The residential user volume rate shall be determined by multiplying the basic volume rate by the ratio of the sum of the annual residential user volume and the annual infiltration and inflow volume to the annual residential user volume. The non-residential user volume rate shall be the basic volume rate.

The City shall determine each user’s average annual poundage of BOD which has been discharged to the wastewater system and the total annual BOD. The BOD rate shall be determined by dividing the BOD annual cost by the total annual BOD.

The City shall also determine each user’s average annual poundage of SS which has been discharged to the wastewater system and the Total Annual SS. The SS rate shall be determined by dividing the SS Annual Cost by the Total Annual SS.

12.0404     Determining Classification of Users

The City of Scotland shall determine the average BOD and SS daily loadings for the average residential user. Normal Strength wastes are considered  to be 200 parts per million (ppm) BOD and 250 parts per million (ppm) SS. Residential users may be considered to be one class by user and an equitable service charge may be determined for each user based on metered water consumption as hereinafter provided. The City may classify industrial, commercial, and other non-residential establishments as a Residential User, provided that the wastes from these establishments are equivalent to the wastes from the average residential user with respect to volume, BOD, and SS.

The City shall classify Non-Residential Users as those establishments discharging wastes to the wastewater system with BOD and SS strengths greater than normal strength wastes. The service charge shall be determined for each Non-Residential User based on metered waste volume discharged to the wastewater system, the BOD Rate, and the SS Rate. The waste volume for establishments without waste flow metering installations may be based on metered water consumption, estimates prepared by the City, or other methods as determined by the City.

12.0405     Review of Each User’s Wastewater Service Charge

The City shall review the Total Annual Cost of operation, maintenance, and financing of the wastewater system and each user’s Wastewater Rates not less often than every two years. Revisions shall be made to the system as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works.

If a significant user, such as an industry, has completed in-plant modifications which could change that user’s contribution, the user can present, at a regularly scheduled meeting of the City Council, such factual information. The City shall then determine if the user’s contribution is to be changed.

12.0406     Notification

Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.

12.0407     User’s Wastewater Rates and Charges

The City hereby establishes rates of charge for all Residential Users as follows:

1)    Residential Users shall be billed monthly. The charge will be based on the average monthly water usage during December, January, February, and March monthly billing periods and remain the same for the April through March monthly billing periods for the following year, except as hereinafter provided. The charge shall be adjusted annually to reflect any changes in the water usage during the December, January, February, and March monthly billing periods. Also, the rate charged for the 1,000 gallons usage and the minimum rate can be changed by the City Council if these rate changes are deemed necessary to collect sufficient revenues to meet operating, depreciation, and debt retirement expenses for the Scotland sewer system.

2)    The following sewer rates are hereby established for the City of Scotland on a monthly basis:

          Residential         0    gallons       to            1,000 gallons      11.00
                               1,001   gallons       to   999999999 gallons      3.50 per 1000 gallons

         Commercial           0 gallons        to             1,000 gallons       11.00
                                1,001 gallons        to             5,000 gallons       3.50 per 1000 gallons
                                5,001 gallons        to           30,000 gallons       2.00 per 1000 gallons
                              30,000 gallons        to    999999999 gallons       1.75 per 1000 gallons

3)    The charge for Residential Users not receiving water service from the City water system or where there is no prior water usage, shall be based on estimates prepared by the City.

4)    The charge for Residential Users having substantially higher or lower waste volumes in any of the monthly billing periods than that of the average monthly water usage during December, January, February, and March monthly billing periods shall be based on the water metered to the user during such monthly billing period, as determined by the City.

The City hereby establishes rates of charge for all Non-Residential Users as follows:

          a)    Non-Residential Users shall be billed monthly. The charge shall be based on the metered waste volume and the

                 strength of the wastes discharged to the wastewater system.

          b)    The charge for each monthly billing period shall be the sum of one dollar and twenty-five cents ($1.25) for each 1,000

                 gallons of wastewater or major fraction thereof, thirty cents ($0.30) for each pound of BOD, and ten cents ($0.10) for

                 each pound of SS.

          c)    The charge for Non-Residential Users without flow metering installations or where data on volume and strength is not

                 available shall be based on meter water consumption, estimates prepared by the City, or other methods as determined

                 by the city.

12.0408     Prohibition of Clear Water Connections

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

12.0409     Collection of Sewer Rents

Such person as may be appointed by the City Council from time to time collect water rents due the city, shall also compute that amount due the City of sewer rental service, which may be made a part of any billing for water use, to become payable as prescribed in existing ordinances. Payment will be made along with or as a part of the billing for water use, and failure to pay in accordance with Water and Sewer Department policies will mean a discontinuance of water service as provided therein.

Under no circumstances will payment be received for water service without provisions for payment of sewer rental service and vice versa. A delinquency of one will constitute a delinquency against both, and will be treated thus by the Water and Sewer Department and authorized personnel.

12.0410     Sewer Rental Charge to Owner, Lessee, or Occupant

Said sewer rental service charge shall be a charge against the owner, lessee, or occupant of the premises, and against any or all of them, and any such claim for unpaid sewer rental service charge may be collected in a civil action brought for that purpose in any court of competent jurisdiction and/or connection to the sewage system of the City of Scotland.

12.0411     Service Charge Paid Monthly

The charge for sewer rental service shall be payable monthly, simultaneously as part of the water service billing.

12.0412     Delinquent Water and Sewer Bills

Any bill for water or sewer services which is not paid when due shall be delinquent. The City may disconnect the water service of any user whose water or sewer bill is delinquent upon ten (10) days notice in writing to such user. Any user whose water services is disconnected for delinquency in the payment of any water or sewer service changes shall be required to pay a twenty-five dollar ($25) connection fee, in addition to all delinquent bills, before such water service is restored. In addition, the City may require a deposit from any delinquent water or sewer user to guarantee future payments of water and sewer bills.

12.0413     Penalty

Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars ($100) or by imprisonment in the county jail not to exceed thirty (30) days, or by both such fine and imprisonment.