1193_00001ORDINANCENO.1193
ANORDINANCEREPEALINGORDINANCE#1095 ANDSETTINGTHESEWERRATESFORSEWERSERVICEUTILIZEDBYUNIONCARBIDECORPORATIONANDRE-ESTABLISHINGTHESEWERRATESFORSEWERSERVICEUTILIZEDBYINTERNATIONALTITANIUM;INC.
THECITY COUNCILOF THE CITY OF MOSESLAKE;WASHINGTONDOORDAINAS FOLLOWS:I Section 1.Sanitary waste of human origin shall be charged as provided for in
the rates set by ordinance pursuant to Moses Lake Municipal Chapter 13.12.040whenmeasuredseparatelyfromwasteswithhigherchemicaland/or physicalcharacteristics.
Section 2.Processed wastewater from the industrial discharge of Internation-
al Titanium;Inc.;their successors or heirs shall be charged at a flat rate
of $1;881 per month;based upon a 100;000 gpd maximum discharge.There shallalsobechargedasumof$853per month to cover the cost of capital replace-ment due to International Titanium;Inc.'s corrosive processed wastewater dis-charge impact on the sewage collection systems.There shall be no pro rataadjustmentforlessthanmaximumdischargeperday.
Section 3.Processed wastewater from the industrial discharge of Union Car-bide,their successors or heirs shall be charged at a flat rate of $2;400 permonth;based upon a 118,000 gpd maximum discharge.There shall be no pro rataadjustmentforlessthanmaximumdischargeperday.
Section 4.In addition to rates established in Sections 1,2,and 3 of thisordinanceasurchargeshallbeassessedforpropertyoutsidethecorporatelimitsoftheCityofMosesLakeasprovidedforinMosesLakeMunicipalCode13.12.050.Also;in addition to rates established in Sections 1,2,and 3 ofthisordinance;a surcharge shall be assessed for all properties connected totheWheelerRoadtransmissionmainandReservoir#6 standpipe east of L NE asiprovidedforinMosesLakeMunicipalCode13.12.050.
Section 5.Testing and monitoring performed at city expenses shall be chargedattheactualcostplusfifteenpercent(15%)for overhead expenses such as;but not limited to,office space and computer time charges.
Section 6.A maximum penalty per occurrence may be assessed as follows fornon-compilance with the wastewater discharge permit.
First Day $5;000
Second Day 7,500ThirdDay10;000
Each day thereafter until corrected or service is terminated shallhaveanadditionalmaximumpenalt.y assessment of $2,500 added ontothepreviousdaysmaximumpenalty(for example -4th day,$12;500;5th day,$15;000;etc.).
The penalty provisions are provided in addition to the city's reservation oftherighttodiscontinueserviceatanytimeasoutlinedinthewastewaterdischargepermit.
The discharge amount may exceed the maximumdaily flow for emergencies if ap-proved by the City of Moses Lake in writing for a limited time.A new monthlyIratewillbeassessedtotheuserbytheCityofMosesLakeforthemonth(s)in which the emergency occurred.
The user shall have the opportunity for a hearing before the City Council oftheCityofMosesLakeonanypenaltyassessedbytheCityofMosesLakepro-vided the user requests the hearing in writing within ten (10)calendar daysafterreceiptofthewrittennotificationofthecityestablishingsaidpenal-ty.Failure to request a hearing within said time shall be considered as aforfeitureofsaidfineorpenaltyascompensationtothecity.
Section 7.Payment of the rate assessed the user does not relieve the user ofhisresponsibilitytomaintainhiseffluentandcomplywithallfederal;state;county;and city laws and permits.The user shall be responsible toindemnifythecityfromanylossandholdthecityharmlessforanyandall
loss or damage from its effluent.The user will defend or pay the expenses of
defending any suit which may commence against the city as a result of the
user's processed waters discharged to the city's system.
Section 8.The rate structures for International Titanium,Inc.and Union
Garbide shall run concurrently with their respective wastewater discharge per-mits issued by the city and shall terminate with the termination of the per-
mits.Further rate structures will be negotiated in conjunction with the
negotiation of terms for a new Wastewater Discharge Permit.
Section 9.The city shall prepare a study of International Titanium Inc.'s
industrial discharge and its corrosive effect on the city's wastewater treat-
ment system.The study shall be completed by June 1,1986 and reported to the
City Council.
Section 10.This ordinance shall take effect and be in force five (5)days
after its passage and publication as provided by law.
Adopted by the City Council and signed by its Mayor on December 17,1985.
ATTEST:
APPROVEDAS TOFORM
Jaty Attorney
Publish:December 24,1985
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