HomeMy WebLinkAboutProposed Ordinance - 4/21/2025SALT LAKE CITY ORDINANCE
No. ______ of 2025
(Amending Salt Lake City Code Chapter 17 regarding Salt Lake City’s Water System,
Wastewater Control and Sewer System, and Stormwater Sewer System)
An ordinance adopting new Sections 17.16.655, 17.32.061, and 17.32.451; repealing
Section 17.16.345; and amending Sections 17.16.020, 17.16.100, 17.16.220, 17.16.345,
17.16.400, 17.16.670, 17.16.685, 17.16.790, 17.32.650, 17.36.010, 17.52.030, 17.52.060,
17.52.190, 17.64.030, 17.72.030, and 17.81.200.
WHEREAS, Salt Lake City Department of Public Utilities completed a Water, Sewer,
and Stormwater Rate Study in 2024; and
WHEREAS, the 2024 Water, Sewer, and Stormwater Rate Study recommends changes to
the structure of water, sewer, and stormwater rates to meet the objectives of revenue sufficiency,
fairness and equity, economic efficiency, sustainability and predictability, clarity, cost allocation,
and affordability; and
WHEREAS, the Salt Lake City Consolidated Fee Schedule is proposed to be amended to
incorporate new water, sewer, and stormwater structures in coordination with the approval of the
Public Utilities’ Fiscal Year 2025-2026 budget; and
WHEREAS, Salt Lake City Department of Public Utilities underwent a Public Utilities
Pretreatment Program Legal Authority Audit in 2023 conducted by the Utah Department of
Water Quality; and
WHEREAS, the Department of Water Quality requires changes to Salt Lake City Code
Chapter 17 to comply with findings in the 2023 Pretreatment Program Legal Authority Audit;
and
WHEREAS, it is now proposed that Salt Lake City Code Chapter 17, Public Services be
amended to modify certain language to implement rate changes identified in the 2024 Water,
Sewer, and Stormwater Rate Study; and to implement changes identified in the 2023 Salt Lake
City Department of Public Utilities Pretreatment Program Legal Authority Audit; and
WHEREAS, the City Council finds (i) these amendments to Salt Lake City Code Chapter
17 are necessary and reasonable to implement new water, sewer, and stormwater rates; and (ii) the
City Council finds the amendments to Salt Lake City Code Chapter 17 are necessary and reasonable
to comply with regulatory requirements imposed by Department of Water Quality; and (iii)
adoption of this ordinance reasonably furthers the welfare of the citizens of Salt Lake City.
WHEREAS, the City Council of Salt Lake City, Utah, desires to adopt new Sections
17.16.655, 17.32.061, and 17.32.451; repeal Section 17.16.345; and amend Sections 17.16.020,
17.16.100, 17.16.220, 17.16.400, 17.16.670, 17.16.685, 17.16.790, 17.32.650, 17.36.010,
17.52.030, 17.52.060, 17.52.190, 17.64.030, 17.72.030, and 17.81.200.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Salt Lake City Code Chapter 17.16 Article IX. That
Chapter 17.16 Article IX of the Salt Lake City Code (Culinary Water System: Rates and
Payments) shall be, and hereby is, amended to adopt a new Section 17.16.655, which shall read
as follows:
17.16.655: ABATEMENTS:
Customers who qualify for a property tax abatement may qualify for a water, sewer, and/or
stormwater fee abatement pursuant to the city’s consolidated fee schedule.
SECTION 2. Amending the text of Salt Lake City Code Chapter 17.32 Article II. That
Chapter 17.32 Article II of the Salt Lake City Code (General Provisions and Definitions:
Definitions) shall be, and hereby is, amended to adopt a new Section 17.32.061, which shall read
as follows:
17.32.061: AMMONIA (NH3)
“Ammonia (NH3)” means nitrogen in the form of free ammonia and ionic ammonium measured
using methods set forth in 40 CFR 136 or its successor.
SECTION 3. Amending the text of Salt Lake City Code Chapter 17.32 Article II. That
Chapter 17.32 Article II of the Salt Lake City Code (General Provisions and Definitions:
Definitions) shall be, and hereby is, amended to adopt a new Section 17.32.451, which shall read
as follows:
17.32.451: Total Phosphorus (TP)
“Total Phosphorus (TP)” means all forms of phosphorus (orthophosphate, condensed phosphate,
or organic phosphorus) measured using methods set forth in 40 CFR 136 or its successor.
SECTION 4. Repealing Salt Lake City Code Section 17.16.345. That Section 17.16.345
of the Salt Lake City Code (Lot Hydrant; Fee) shall be, and hereby is, repealed in its entirety.
SECTION 5. Amending Section 17.16.020. That Section 17.16.020 of the Salt Lake City
Code (Application; Contents), shall be, and hereby is, amended to read as follows:
17.16.020: APPLICATION; CONTENTS:
The applicant shall state fully and truly the purpose for which water is required, the anticipated
daily water use, and shall agree to conform to and be governed by such ordinances, rules and
regulations as may be prescribed by the city for the control of the water supply. The applicant(s)
agrees to be responsible for and pay all bills due the city on account of costs incurred to provide
services.
SECTION 6. Amending Section 17.16.100. That Section 17.16.100 of the Salt Lake City
Code (Connections from Mains; Specifications) shall be, and hereby is, amended to read as
follows:
17.16.100: CONNECTIONS FROM MAINS; SPECIFICATIONS:
The service pipes and connections from the main to the water meter, including the meter box, a
meter yoke and valve are to be placed within the parking strip by a licensed, bonded plumber, to
city standards, and subject to city inspection and approval. In the absence of a parking strip,
service pipes and connections are to be placed in the public right of way or private right of way
as determined by the director. The meter shall be accessible to the department and remain
unobstructed at all times. The city shall install, and applicant will pay the city's costs of such
installation when so determined by the director. The plumber shall warrant the work and
facilities installed by him/her against defects in workmanship or materials for a period of one
year from date of acceptance thereof by the city.
SECTION 7. Amending Section 17.16.220. That Section 17.16.220 of the Salt Lake City
Code (Responsibility for Costs of Service) shall be, and hereby is, amended to add a new
subsection to read as follows:
17.16.220: RESPONSIBILITY FOR COSTS OF SERVICE:
A. Before water will be supplied through such service pipe, some person(s) must agree in
writing to be responsible for and pay for all water delivered through the service meter.
B. Where water is now supplied through one service to one or more houses or persons, the
public utilities director may, in his/her discretion, either refuse to furnish water until separate
services are provided, or may continue the supply, on condition that one person shall be
responsible for and pay for all water delivered through the service meter.
C. Where water is now supplied for culinary and outdoor irrigation uses, the director may, in
his/her discretion, require the installation of separate meters to account for culinary water use
separately from outdoor irrigation use.
SECTION 8. Amending Section 17.16.400. That Section 17.16.400 of the Salt Lake City
Code (Meter Maintenance Charges) shall be, and hereby is, amended to read as follows:
17.16.400: METER MAINTENANCE CHARGES:
A. After the one year guarantee of the plumber or if the city makes the installation, the city
shall maintain all water connections of three-fourths inch (3/4") and one inch (1") sizes within
the city, or as otherwise determined by written contract, fro m the point of connection with the
water main up to and including the meter, where the meter is set in the parking strip, or in the
absence of a parking strip, in the public right of way or private right of way as determined by the
director. The meter shall be accessible to the department and remain unobstructed at all times .
B. All maintenance and replacement, where necessary, on all service lines and meters above
one inch (1") in size, is to be kept at the entire expense of the consumer.
SECTION 9. Amending Section 17.16.670. That Section 17.16.670 of the Salt Lake City
Code (Minimum Charges) shall be, and hereby is, amended to read as follows:
17.16.670: MINIMUM CHARGES:
Each customer shall pay the following minimum fixed charge shown on the Salt Lake City
consolidated fee schedule, effective for all meter readings during the periods from and including
July 1, 2011, and thereafter until further amended, to cover costs incurred to provide service.
SECTION 10. Amending Section 17.16.685. That Section 17.16.685 of the Salt Lake
City Code (Urban Vegetable Garden Adjustment Program) shall be, and hereby is, amended to
read as follows:
17.16.685: URBAN VEGETABLE GARDEN ADJUSTMENT PROGRAM:
Customers who occupy property with a vegetable garden of a size between 0.10 and 0.25 of an
acre are eligible to request an adjustment related to additional allocation of water in block 2 for
the months of April through October in support of the city's loc al food production initiative. The
additional block 2 water allocation is based on 17.22 Ccf per month for each 0.1 acre of
vegetable garden between 0.1 acre and 0.25 acre. Water used in excess of the adjusted block 2
allocation will be billed at block 3 and/or block 4 rates. Applications for an urban vegetable
garden adjustment, which includes an additional block 2 water allocation, are made through the
city’s department of public utilities.
SECTION 11. Amending Section 17.16.790. That Section 17.16.790 of the Salt Lake
City Code (Delinquent Payment; Penalty) shall be, and hereby is, amended to read as follows:
17.16.790: DELINQUENT PAYMENT; PENALTY:
In case of vacancy, where service is discontinued or meter taken out, unless delinquent bills are
paid within thirty (30) days after the service has been discontinued, a penalty of ten percent
(10%) may be charged in addition to the regular bill.
SECTION 12. Amending Section 17.32.650. That Section 17.32.650 of the Salt Lake
City Code (Total Suspended Solids or Suspended Solids) shall be, and hereby is, amended to
read as follows:
17.32.650: TOTAL SUSPENDED SOLIDS (TSS) OR SUSPENDED SOLIDS (SS):
"Total suspended solids" or "suspended solids" means the total suspended matter that floats on
the surface of or is suspended in water, wastewater or other liquids, and which is removable by
laboratory filtering in accordance with methods set forth in 40 CFR 136 or its successor.
SECTION 13. Amending Section 17.36.010. That Section 17.36.010 of the Salt Lake
City Code (Supervision of POTW) shall be, and hereby is, amended to read as follows:
17.36.010: SUPERVISION OF POTW:
The POTW shall be supervised and directed by the director or his or her designee.
SECTION 14. Amending Section 17.52.030. That Section 17.52.030 of the Salt Lake
City Code (Permit; Application Contents) shall be, and hereby is, amended to read as follows:
17.52.030: PERMIT; APPLICATION CONTENTS:
A. Users required to obtain a wastewater discharge permit shall complete and file with the
POTW an application in the form prescribed by the POTW, accompanied by a fee as set forth in
section 17.52.270 of this chapter. In support of the application, the user shall submit, in units and
terms appropriate for evaluation, some or all of the following information:
1. Identifying Information:
a. Name, address, telephone number and location (if different from the address) of
applicant and owner of the premises (if different from the tenant when property is leased) from
which industrial wastes are intended to be discharged,
b. The name of an authorized or duly authorized representative to act on behalf of the
facility,
c. Description of activities, facilities, and plant production processes on the premises.
SECTION 15. Amending Section 17.52.060. That Section 17.52.060 of the Salt Lake
City Code (Permit; Decisions) shall be, and hereby is , amended to read as follows:
17.52.060: PERMIT; DECISIONS:
A. Incomplete or inaccurate applications will not be processed and will be returned to the user
for revision.
B. The director will evaluate the data furnished by the IU and may require additional
information. Within one hundred twenty (120) days of receipt of a complete permit application,
the director will determine whether to issue a wastewater discharge permit. The director may
conditionally approve or deny any application for a wastewater discharge permit.
SECTION 16. Amending Section 17.52.190. That Section 17.52.190 of the Salt Lake
City Code (Date of Receipt of Reports), shall be, and hereby is, amended to read as follows:
17.52.190: DATE OF RECEIPT OF REPORTS:
For written reports that are mailed through a mail facility serviced by the United States postal
service, such reports will be deemed to have been submitted on the date postmarked. If a
postmark or pick up/ship date is not available, the date of receipt of the report shall govern. For
reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
SECTION 17. Amending Section 17.64.030. That Section 17.64.030 of the Salt Lake
City Code (Classification of Users) shall be, and hereby is, amended to read as follows:
17.64.030: CLASSIFICATION OF USERS:
The users of the POTW may be divided into various classifications, including, but not limited to,
single dwelling units, duplexes, multiple dwelling units, and nonresidential. Further
classifications may be established by the POTW for each user class.
SECTION 18. Amending Section 17.72.030. That Section 17.72.030 of the Salt Lake
City Code (Schedule 1; Rates and Fees) shall be, and hereby is, amended to read as follows:
17.72.030: SCHEDULE 1; RATES AND FEES:
A. Purpose: For the purpose of defraying the cost of construction, reconstruction,
maintenance and operation of the city sewer system, there are hereby imposed the charges shown
on the Salt Lake City consolidated fee schedule upon all persons and premises receiving sewer
collection and treatment services.
B. Definitions:
AVERAGE WINTER CONSUMPTION: The average monthly water usage for residential
customers for the consecutive months of December, January, and February, which is the basis for
residential sewer billings for the twelve (12)-month period beginning July 1 immediately
following such months.
CUSTOMER CLASS: The classification or classifications applicable to each customer of the
sewer system for purposes of calculating such customer's service charge under this chapter .
DUPLEX: A single building containing two (2) independent dwelling units.
DWELLING UNIT: A building or other structure or portion thereof, in which: 1) an individual
resides as a separate housekeeping unit, or 2) a collective body of persons (doing their own
cooking) resides as a separate housekeeping unit in a domestic bond bas ed upon birth, marriage,
domestic employment or other family relationship, as distinguished from a boarding house,
lodging house, club, fraternity, motel or hotel.
MONITORED CUSTOMER: Non-residential customers, designated by the director, subject to
routine sample measurements of the customer’s wastewater flow and or discharge characteristics.
MULTI-FAMILY RESIDENTIAL: Any building or other structure having four (4) or more
residential dwelling units therein, including a mobile home park.
NON-RESIDENTIAL: Buildings used for uses other than residential purposes.
RESIDENTIAL: Buildings or dwelling units used to house people or persons for residential
purposes, including single dwelling units, duplexes, and triplexes, and excluding multi -family
residential structures or buildings.
SERVICE CHARGE: The charge for sewer collection and treatment services levied on all users
of the public sewer system, as calculated pursuant to this chapter.
SERVICE TO MULTIPLE BUILDINGS: Sewer service to multiple buildings shall be governed
the same as section 17.16.200 of this title.
SINGLE DWELLING UNIT: A building containing one dwelling unit.
TRIPLEX: A single building containing three (3) independent dwelling units.
UNMONITORED CUSTOMER: Any non-residential customer not designated as monitored.
C. Sewer Charges:
1. a. Each residential sewer customer shall be charged a monthly service charge equal to the
fixed monthly charge together with the flow rate of average winter consumption as shown on the
Salt Lake City consolidated fee schedule.
b. Each monitored non-residential customer shall be charged a monthly service charge
equal to the fixed monthly charge together with the monitored wastewater flow measured during
the billing period as shown on the Salt Lake City consolidated fee schedule. The charges for
wastewater pollutants shall be billed as shown on the Salt Lake City consolidated fee schedule.
c. Each unmonitored non-residential customer and each multi-family residential customer
shall be charged a monthly service charge equal to the monthly service charge together with the
flow rate per the Salt Lake City consolidated fee schedule. The monthly water meter reading for
sewer billing purposes shall be equal to 70 percent (70%) of total water usage for the month.
d. In cases where little or no water is used during one or more of the winter months, such
that the average metered usage during such winter months cannot be reasonably assumed to
reflect typical monthly usage for an account, the director may use other co nsumptive information
specific to such account to determine the average winter consumption.
e. Meter readings for sewer billing purposes shall only include meters which measure
water entering the sewer system.
f. In the case of sewer users whose water usage is based in whole or in part on water
sources other than the city, the city may require installation of a city approved meter, at the
sewer user's expense, on the well(s) or other sources of water supply, fo r measurement by the
city during the winter months to determine the sewer user's water use during the winter months.
g. For each single-family dwelling sewer user using water other than city water and
desiring not to install a water meter as provided above, the director may waive the meter
requirement, in which event the user will be charged for sewer service as provided in subsection
E of this section.
D. Metering Of Sewage Flows:
1. Meters will be allowed in sewer lines when the user is permitted or required by the
director to have the sewage flow subject to the following requirements:
a. The charges for sewer service will be based upon the actual sewer meter readings rather
than average winter consumption or adjusted water meter readings.
b. The user will furnish, install, and maintain at user's expense a meter pursuant to the
city's standards and specifications.
E. New Sewer Accounts:
1. For new residential sewer accounts, until the data required by subsection C1a of this
section is available, the monthly sewer rates shall be based on the average winter consumption
for comparative users.
a. For monitored and unmonitored non-residential customers, new accounts shall be
treated in the same manner as established accounts under subsections C1b and C1c, respectively,
of this section.
F. Service Charge Adjustment:
1. The director may provide for adjustments as needed to ensure equitable service charges.
Such adjustments may be made where excessive quantities of culinary water pass through the
water meter but are consumed on the premises and do not enter the sewer system. In each such
instance, the user will have the burden of providing evidence of such inequities by showing that
the quantity of water not entering the sewer, but passing through the meter, exceeds thirty
percent (30%) of the total flow in order to merit such consideration by the director. Each such
adjustment proposed to be made by the director shall first be presented to the public utilities
advisory committee for review and recommendation, following which review and
recommendation the director shall make a final determination.
2. Additionally, the director may make adjustments under the following conditions due to
faulty inside plumbing. All adjustments will be determined by prior usage. When the charge is
not based on preceding usage and has not been established on average winter consumption, the
charge will be determined as outlined in this section or its successor. Only one adjustment in
total is allowed per account and under the following conditions:
a. When defective plumbing has caused the average winter water consumption to exceed
the previous year's average by twenty-five percent (25%) or more, there may be an adjustment
made based on prior usage. The customer must provide to the director evidence that plumbing
repairs were made within thirty (30) days of issuance of the bill in which the defective plumbing
caused an increase in usage. Such evidence may be in the form of a statement detailing the
repairs made and the date of completion. The adjustment shall be made following the
determination by the director that the repairs have resulted in decreased water consumption.
b. In the event of a customer's unexplainable large increase in water consumption during
the consecutive months of December, January, and February, the director may make adjustments
to any account when there has been a twenty-five percent (25%) increase or more in usage
during the winter months. Any adjustment may be made only after an in-depth review of the
account has been completed and based solely on the merits of each individual request and the
circumstances surrounding the request.
c. All adjustments will be determined by the sewer usage of the preceding year. When the
usage for the preceding year is not established on average winter consumption, the charge will be
determined by other consumptive data or comparative users.
G. Sewer Service Fees: The director shall charge, and the city shall collect the fees shown on
the Salt Lake City consolidated fee schedule.
1. Special industrial and commercial uses, including car washes, laundromats, etc., as
determined by the city's public utilities director, shall be charged the fee shown on the Salt Lake
City consolidated fee schedule per equivalent fixture unit, as specified in the uniform plumbing
code.
2. Connection fees on property with prior development:
a. When a residential building is demolished and the existing lateral is used for the same
property, there is no new sewer connection fee for the property when residential use or building
type is same as prior to demolition. After five (5) years from date of demolition no credit will be
given for prior sewer connection fees. After five (5) years from demolition the property owner
will be required to pay all connection fees.
b. When a commercial building such as a hotel, motel, industrial building, etc., is
demolished the sewer fee shall be based and charged on new additional use pursuant to the
applicable fee shown on the Salt Lake City consolidated fee schedule. A fter five (5) years from
date of demolition no credit will be given for prior sewer connection fees. After five (5) years
from demolition the property owner will be required to pay all connection fees required by the
city.
3. Temporary sewer connections may only be made by approval of the director. Temporary
connections cannot exceed twenty four (24) months. The fee for each temporary connection shall
be shown on the Salt Lake City consolidated fee schedule. All other applicable fees will be
effective for temporary connections.
4. All other fees necessary for the operations, maintenance, and services provided by the
Wastewater Control and Sewer System and shown on the Salt Lake City consolidated fee
schedule.
SECTION 19. Amending Section 17.81.200. That Section 17.81.200 of the Salt Lake
City Code (System of Rates and Charges) shall be, and hereby is, amended to read as follows:
17.81.200: SYSTEM OF RATES AND CHARGES:
A. Generally: There are hereby imposed stormwater sewer service fees, rates and charges,
effective for all billing periods after and including July 1, 2011, and thereafter until further
amended, on the owner of each developed parcel within the city, except: 1) governmentally
owned streets, and 2) parcels on which are located stormwater sewer 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 stormwater sewer facilities.
B. Residential Service Charges: Residential service charges for use of the stormwater sewer
system shall be as shown on the Salt Lake City consolidated fee schedule.
C. Undeveloped Parcels: Undeveloped parcels shall not be assessed a stormwater service
charge.
D. Other Parcels: The charge for all other parcels shall be based upon the total square footage
of measured impervious surface, divided by two thousand five hundred (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 ERUs for a parcel by the monthly rate shown on the
Salt Lake City consolidated fee schedule.
E. Credit For On Parcel Mitigation: Nonresidential parcels with on-site stormwater detention
or retention facilities are eligible for a service charge credit upon application to the director by
the person owning the parcel, or such person's agent. The amount of credit, if any, shall be no
more than twenty-five percent (25%) of the full stormwater charge per the Salt Lake City
consolidated fee schedule, except entities that are individually permitted under the Utah Water
Quality Act and federal Clean Water Act.
1. Mitigation credit is available only for those non-residential parcels whose stormwater
facilities meet the city's design and maintenance standards.
2. If the stormwater facilities are not properly maintained or if related structures are
modified from an approved design, the mitigation credit may be modified or terminated by the
city.
3. 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 person who owns a single-family residential parcel and is
qualified for an abatement of the minimum monthly water charge pursuant to
section 17.16.670 of this title shall be eligible for a fifty percent (50%) reduction of the service
charge for such parcel.
G. Nonservice Abatement: A parcel which is not directly or indirectly benefited by the
stormwater sewer utility shall be entitled to an 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 pursuant to section 17.81.500 of this chapter.
SECTION 20. That a copy of the amended Salt Lake Code shall be published on the
official Salt Lake City website.
SECTION 21. That this ordinance shall become effective July 1, 2025.
Passed by the City Council of Salt Lake City, Utah, this _____ day of __________, 2025.
________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to the Mayor on __________________
Mayor’s Action: ____ Approved ____ Vetoed
_________________________
MAYOR
ATTEST:
_______________________________
CITY RECORDER
(SEAL)
Bill No. _________ of 2025.
Published: ___________________
Salt Lake City Attorney’s Office
Approved As To Form
/s/ Carly Castle
Carly Castle
Senior City Attorney