042 of 1991 - Storm Water Sewer Utility0 91-1
0 91-26
SALT LAKE CITY ORDINANCE
No. 42 of 1991
(Storm Water Sewer Utility)
AN ORDINANCE ENACTING NEW SECTION 17.75.010 OF THE SALT LAKE
CITY CODE, RELATING TO STORM WATER SEWER SERVICES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 17.75.010 of the Salt Lake City
Code, relating to storm water sewer services, be, and the same
hereby is, enacted as follows:
17.75.010 Storm water sewer management services.
A. Findings on storm water runoff harm. The Salt Lake City
Council has determined that the City's physical growth and urban
development has and will continue to increase the amount of storm
water runoff collected and routed, using the City's storm water
drainage system and facilities. The City Council finds that
storm water runoff causes property damage and erosion, carries
concentration of nutrients, chemicals, heavy metals, oil, and
toxic materials into receiving waters and ground waters; degrades
the integrity of City streets, curbs, gutters and other
infrastructure conveying storm water; reduces the citizens'
access to emergency services and imposes hazards to both life and
property. Additionally, the federal government has established
through its Clean Water Act, environmental protection regulations
for water quality and NPDES permit requirements for the City's
discharge of its storm water into receiving waters.
B. Purposes and objectives. In view of the foregoing, the
purposes and objectives of this ordinance are:
1. Provide and maintain a storm water sewer system for
handling storm water runoff.
2. Provide fair, equitable and non-discriminatory
rates and charges for a storm water sewer system and related
services which will generate sufficient revenues for
operating, improving and maintaining the storm water sewer
utility at a level commensurate with storm water sewer
management needs. The rates and charges shall be set by
considering needed revenues and the amount of impervious
surface on developed parcels and the respective storm water
runoff characteristics of the parcel, and apply said rates
and charges consistently for the same class of customers.
3. Establish a policy that present and future rates
and charges for this service should be fixed with
consideration of the difference in cost fairly allocated to
the various customers based upon such factors as: the
intensity of development of the parcel; the types of
development on the parcel; the cost of maintenance,
operation, repair and improvements of the various parts of
the Utility; the quantity and quality of the run-off
generated; and other factors which present a reasonable
basis for distinction, and which will allow for management
of the storm sewer system in a manner that protects the
public health, safety and welfare.
C. Method of determining contribution of storm water.
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1. Contributions of storm water from non-residential
properties and residential properties larger than fourplexes
have been determined through aerial photography and land
surface evaluation and measurement of the number of square
feet of impervious surface.
2. Contributions of storm water from residential
parcels up to and including fourplexes have been determined
through a statistically significant sample of impervious
areas within these classification.
17.75.020 Definitions.
For the purpose of this chapter, the following terms,
phrases and words shall have the following meanings:
A. "City" - Salt Lake City Corporation, a municipal
corporation of the State of Utah:
B. "Council" - the City Council.
C. "Customer" or "person" - any individual; public or
private corporation and its officers; partnership; association;
firm; trustee; executor of an estate; the State or its
departments, institutions, bureaus, agencies; county; city;
political subdivision; or any other governmental or legal entity
recognized by law.
D. "Director" - the Director of the Department of Public
Utilities or the Director's designee.
E. "Equivalent residential unit (ERU)" - a configuration of
development, or impervious surfaces on a parcel, contributing
run-off to the City's storm water sewer system or which
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represents the estimated use of the system that is approximately
equal to that contributed by a single family residential parcel.
A single family residential parcel has been determined to contain
an average of 2,500 square feet of impervious surface. One ERU
is equal to 2,500 square feet of impervious surface area.
F. "Impervious surface" - that hard surface area of a
parcel which either prevents or retards the entry of water into
the soil mantle and/or causes water to run off the surface in
greater quantities or at an increased rate of flow from that
which would be present under natural conditions. Impervious
surfaces may include, but are not limited to: rooftops; concrete
or asphalt paving; walkways; patios; driveways; parking lots or
storage areas; trafficked gravel; or other surfaces which
similarly impede the natural infiltration into the ground or run-
off of storm and surface water.
G. "On -parcel mitigation" or "mitigation" - storm water
control facilities designed to City standards located on the
parcel, which either holds runoff for a short period of time and
releases it to the storm water sewer system, or holds water for a
considerable length of time and disperses it by evaporation or
infiltration into the ground.
H. "Parcel" - the smallest separately segregated unit or
plot of land, with a person or persons identified as owner(s);
having boundaries, and surface area, which is documented and
given a property number by Salt Lake County ("County").
I. "Developed parcel" - any parcel which has been altered
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by grading or filling of the ground surface, or construction of
any improvement or other impervious surface area thereon.
J. "National Pollutant Discharge Elimination System (NPDES)
Storm Water Regulations" - The provisions of the Federal Clean
Water Act establishing specific permit requirements for the
control of storm water discharges.
K. "Single family residential parcel" - any parcel of land
which is improved with a dwelling unit as defined by section
17.72.030 2.b., hereof.
L. "Storm water" - water produced by storms, surface
drainage, snow and ice melt, spring flows, ground water and other
water handled by the storm water sewer system.
M. "Storm water facilities" - any facility, improvement,
development, property or interest therein made, constructed or
acquired for purposes of controlling storm water quantity and
quality.
N. "Storm Water Sewer System" - the City storm water system
comprised of storm water facilities, streets and any other
features which store, control, treat and/or convey storm water.
0. "Storm Water Sewer Utility" or "Utility" - the utility
created through this ordinance which operates, maintains,
regulates and improves storm water facilities and programs within
Salt Lake City.
P. "Undeveloped parcel" - any parcel which has not been
altered by grading or filling of the ground surface, or by
construction of any improvements or other impervious surface area
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which affects the hydraulic properties of the parcel.
17.75.030 Potential hazard declared.
The City Council finds and declares that absent effective
maintenance, operation, regulation and control, existing storm
water drainage conditions within the City constitute a potential
hazard to the health, safety, welfare and property of the City
inhabitants. All man-made storm water facilities and
conveyances, and natural storm water drainage within the City's
limits, except those included under authorization issued to
counties by state law for management of certain storm water run-
off, constitutes the City's storm water sewer system.
17.75.040 Storm water sewer utility created --Responsibilities.
There is hereby created and established a storm water sewer
utility to be known as a Storm Water Sewer Utility.
17.75.050 Ownership of City storm water facilities and assets.
The City's storm sewer assets to be transferred to the
Utility shall be determined by the Mayor, or the Mayor's
designee, and transferred to the Utility. Until such transfer,
the Utility shall operate, maintain and improve all City storm
sewer facilities used for the conveyance of storm waters,
through, under, or over lands, water courses, beginning at a
point where storm waters first enter the storm sewer system of
the City and ending in each instance at a point where the storm
waters exit from the system. Governmentally owned streets, and
storm water facilities operated and maintained by, or for, the
County, shall not be deemed storm water facilities.
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17.75.060 No polluted waters discharged to storm sewers.
The only substances dischargeable hereunder into the City's
storm sewer are storm water, surface drainage, subsurface
drainage, groundwater, roof run-off, cooling water or non -
polluted water. Such waters may be discharged only into storm
sewers which have adequate capacity for the accommodation of such
waters. Such discharged waters shall comply with the City's
storm water quality standards.
17.75.070 System of rates and charges.
A. There is hereby imposed storm sewer service fee rates
and charges on each parcel of real property within the City,
except governmentally owned streets and storm water facilities
operated and maintained by, or for, the County. The charges
shall fund the administration, planning, design, construction,
water quality programming, operation, maintenance and repair of
existing and future storm water facilities.
B. The Utility's residential service charges shall be as
follows:
1. Single family residential and duplex parcels, less
than or equal to .25 acres; these tier -one residential
parcels shall constitute one ERU and are charged $3.00 per
month.
2. Single family or duplex parcels greater than .25
acres; these tier -two residential parcels shall constitute
1.4 ERU's and are charged $4.20 per month.
3. All triplex and fourplex residential parcels are
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charged $6.00 per month.
C. Undeveloped parcels: Undeveloped parcels shall have no
charges assessed against such parcels.
D. Other parcels: The charge for all other parcels shall
be based upon the total square feet of measured impervious
surface divided by 2,500 square feet or one ERU, and rounded to
the nearest whole number. The actual total monthly service
charge shall be computed by multiplying the total ERU's for a
parcel by the monthly rate of $3.00.
E. Credit for on -parcel mitigation: Non-residential
parcels having constructed on parcel storm water detention or
retention facilities are eligible for a service charge credit
upon the person owning the parcel or the person's agent's
application for such credit to the Director. The amount of
credit, if any, for on -site detention or retention is based on
the following formula:
P = 0.25 + 0.70 (factor) + 0.05 (Permit)
The foregoing symbols have the following meaning:
P= Percentage of total service charge to be applied to
each parcel.
0.25= Represents ten percent for Public Utilities
Administration cost plus fifteen percent for utility
operation and maintenance costs (half of the estimated
total cost for utility operation and maintenance).
0.70= Represents fifteen percent for utility operation and
maintenance (half of the estimated total cost for
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utility operation and maintenance) plus fifty-five
percent for a utility capital improvement program.
Factor= Restricted discharge (Qr) from a developed parcel
divided by the peak discharge (Qp) from the same
developed parcel which would result if the flow
restriction facilities were not in place.
0.05= Represents five percent for NPDES stoL1n water permit
for the parcel.
Permit= The rate adjustment which applies when the parcel has a
NPDES discharge permit from the State, will be equal to
zero. When the parcel is included in the City NPDES
permit, this rate adjustment is equal to one.
1. Mitigation credit is available only for those non-
residential parcels whose storm water facilities meet the
City's design and maintenance standards.
2. The Director shall provide a complete on -site
mitigation evaluation at the request and expense of the
person owning the parcel, or the owner's duly authorized
agent.
F. Low income abatement: A customer who owns a single
family residential parcel and is qualified for an abatement
pursuant to the Public Utilities Department's water abatement
program, shall be eligible for a fifty percent reduction of the
service charge for such parcel.
G. Non -service abatement: A parcel which is not directly
served by the storm water sewer utility shall be entitled to an
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abatement of the service charge for said parcel. In order to
receive such abatement, the owner, or the owner's agent, shall
apply, in writing, to the Director, or the Director's designee,
pursuant to section 17.75.090.
17.75.080 Billing and collection.
A. Billing. The Department of Public Utilities shall cause
billings for storm water sewer utility services to be rendered
periodically to the person who is the owner of the parcel, or the
owner's agent, who has signed for water and sanitary sewer
service to the parcel. The amounts to be billed shall be
included on the existing Department of Public Utilities bill as a
separate line item. A storm water only billing will be sent to
those persons who are owners of parcels within the City, but are
not currently City utility customers.
B. Collection. 1. In the event partial payment is made on
a combined bill, the payment shall be applied first to franchise
fees due, and then to each service on a pro rata basis.
2. In the event of delinquency, fees and charges levied in
accordance herewith shall be a debt due the City. If this debt
is not paid within 30 days after billing, it shall be deemed
delinquent and subject to recovery in a civil action and/or said
department shall have the right to terminate water and sewer
services to the premises. Any uncollected amount due from the
person or persons who own the parcel on any inactive, terminated
or discontinued account may be transferred to any active account
under the same person or persons name(s) and upon failure to pay
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said bill after at least five days prior written notice, water
and other City services to that account and parcel may be
discontinued.
3. Restoration of service: Water, sewer, garbage and storm
sewer service shall not be restored until all charges have been
paid in full.
4. Utility Enterprise Fund. There is hereby created the
Storm Water Sewer Utility Enterprise Fund. All funds received
from such storm sewer service charges shall be placed in the
enterprise fund and left separate and apart from all other City
funds. The collection, accounting and expenditure of all storm
water sewer utility funds shall be in accordance with existing
fiscal policy of the City.
17.75.090 Appeal of charges.
A. Those single family and duplex parcels larger than .25
gross acres, but having less than 3000 square feet of impervious
surface may request a reduction of their charge to the tier -one
level of $3.00 per month.
B. Any owner or person who considers the City's storm water
charge applied to their parcel to be inaccurate or who otherwise
disagrees with the utility rate determination, may apply to the
Director, for a service charge adjustment. Such a request shall
be in writing and state the grounds for such an appeal. The
Director shall review the case file and determine whether an
error was made in the calculation or application of the fee and
make an adjustment to the charge, if necessary, to provide for
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proper application of the City's rates and charges pursuant
hereto. In all cases, the decision of the Director shall be
final unless appealed.
C. Any appeal under this chapter shall be filed in writing
with the Director no later than 20 days after said billing. Any
subsequent appeal shall brought within 20 days after the date of
the appealed decision.
D. Appeal of decisions made by the Director may be brought
before the Public Utilities Advisory Committee (PUAC), who may
reevaluate the issue raised in the appeal. Decisions of the PUAC
shall be final and conclusive.
E. Nothing in this chapter shall be construed to grant a
right to judicial review which does not otherwise exist in law.
17.75.100 Severability.
If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other
section(s), sentence, clause or phrase of this ordinance.
SECTION 2. This ordinance shall take effect on its first
publication.
Passed by the City Council of Salt Lake City, Utah, this
5th day of
June
19 91
oRS Afr
CHAIRPERSON
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ATTEST:
Transmitted to the Mayor on June 5, 1991
Mayor's Action:
ATTEST:
CIT
RLM:cc
5/14/91
( SEAL )
Bill No. 42 of 1991.
Published: 6/13/91.
X Approved Vetoed