Ordinance No. 1074 (25/26): An Ordinance Amending the Code of Ordinances of the City of Nevada, Iowa, 2006, by Amending Provisions Pertaining to Sewer Use Charges (Chp 99)

Ordinance No. 1074 (25/26): An Ordinance Amending the Code of Ordinances of the City of Nevada, Iowa, 2006, by Amending Provisions Pertaining to Sewer Use Charges (Chp 99) *The following Ordinance is the published version. The full ordinance may be viewed at the City's website at www.cityofnevadaiowa.org under the Code of Ordinances tab. You may also request a copy at city hall. Ordinance No. 1074 (2025/2026) An Ordinance Amending the Code of Ordinances of the City of Nevada, Iowa, 2006, by Amending Provisions Pertaining to Sewer Use Charges (Chp 99) BE IT ENACTED by the City Council of the City of Nevada, Iowa: SECTION 1. SECTION MODIFIED. Chapter 99 (Sewer Use Charges of the Code of Ordinances of the City of Nevada, Iowa, 2006, is amended to read as follows: CHAPTER 99: SEWER USE CHARGES 99.01 PURPOSE: It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all users. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works. 99.02 DEFINITIONS: For use in this chapter, the terms are defined in their entirety in the full ordinance. 99.03 ANNUAL REVENUE REQUIRED: The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the City may by ordinance designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance including repair, expansion or replacement of the collection system, pumping stations and treatment works shall be established by this chapter. 99.04 WATER METERS: Each user shall pay for the services provided by the City based on said user's use of the treatment works as determined by water meters acceptable to the City, and as further defined in Chapter 90 through 92 of this Code of Ordinances. 99.05 CHARGES BASED ON USAGE: For residential contributors, monthly user charges will be based on actual water usage for that month as evidenced by meter readings. For industrial and commercial contributors, user charges shall be based on water used during the current month. If a commercial or industrial contributor has a consumptive use of water, or in some other manner uses water at the contributor's expense, and in a manner acceptable to the City. 99.06 DOMESTIC, COMMERCIAL AND INDUSTRIAL CLASSIFICATION SYSTEM: The City of Nevada evaluates sewer use charges for domestic, commercial and industrial dischargers based on a flow charge that includes the treatment of: Flow, BOD, COD, TSS, TKN, Total Nitrogen, Total Phosphorous, Oil/Grease and any other requirements based on the City's NPDES permit. The universal flow-based rate is applied to all dischargers. Additional surcharges for excessive discharges of the conventional pollutants listed above are applied through the City's NPDES Treatment Agreements, sewer discharge monitoring and the Commercial-Industrial Classification System. Sewer use charges will address the discharges as to the type of discharge and with uniform surcharge rates for monitored industrial dischargers. Classifications will be: Residential: Single family domestic sewage discharger; Commercial; Industrial; Industrial-Monitored. 99.07 CLASSIFICATION DEFINITIONS: The universal flow-based rate is applied to all dischargers to the City of Nevada Wastewater Treatment Facility. Additional surcharges for excessive discharges of the conventional pollutants listed are applied through the City's NPDES Treatment Agreements, sewer discharge monitoring and the Commercial-Industrial Classification System 99.08 USER CHARGES: User charge means that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the treatment works. 99.09 SERVICE CHARGE: In addition to the above two User Charges, each user shall be assessed an additional Service Charge per month for payment of debt retirement of any existing or future bonded indebtedness. Service Charges will replace the previous Sewer Construction Charge. Service Charges not applicable to any user who contributes upfront toward the debt or has an agreement in place for their cost share of the City's debt service. 99.10 SURCHARGE: A Surcharge for discharge of Industrial Waste with concentrations in excess of normal domestic strength sewage and represents the cost of treatment of the load. For those monitored contributors who contribute wastewater the strength of which is greater than the limits set out below, a surcharge in addition to the normal user charge will be collected. 99.11 PENALTY CHARGE: Major Contributing Industry Violations. The following Penalty Charges shall be assessed for exceeding Daily or Monthly Average flows and/or loads for any Participant's Capacity per a NPDES Permit through the City's Permit and are billed in addition to surcharges. In addition, any violations of a specified pollutant. Such Penalty Charges are set forth in addition to Surcharges. 99.12. CUSTOMER SEWER DEPOSITS: Customer sewer deposits, waivers and additional deposits shall be as set forth in this section. 99.13 RECOVERY OF INCREASED TREATMENT COSTS: Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works or any user which discharges any substance which singly or by interaction with other substances causes treatment works shall pay for such increased costs. The charge to each such user shall be as determined by the responsible plant operating personnel and approved by the Council. 99.14 UTILITY BILL ADJUSTMENT POLICY: To establish a consistent framework for adjustments to the wastewater portion on a customer's utility bill that is reasonable and bill caused by a leak on the customer's side of the meter or increased usage due to reasons listed in the Utility Bill Adjustment Policy. Customer's may submit a Utility Adjustment Request Form and required documents to the City Administrator's office for consideration. 99.15 APPLICABILITY: All sewer service charges are due and payable under the same terms and conditions provided for payment for a combined service account as contained in Section 92.05 of this Code of Ordinances. Sewer service may be discontinued in accordance with the provisions contained in Section 92.06 if the combined account becomes delinquent, and the provisions contained in Section 92.09 relating to lien notices shall also apply in the event of a delinquent account. 99.16 LIEN FOR NONPAYMENT: Unpaid charges, fines and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of five percent (5%) of the unpaid balance. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for sewer service charges to the premises. Sewer service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified to the County Treasurer for collection in the same manner as property taxes. Unless stated otherwise in a binding agreement. 99.17 RATES REVIEWED: The City shall review the user charge system at least annually in accordance with the Financial Policy of the City and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and any debt retirement of any existing or future bonded indebtedness and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. 99.18 NOTICE TO USERS: The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance including replacement of the treatment works. 99.19 USER CHARGE ORDINANCE: The user charge ordinance shall take precedence over any terms or conditions of agreements or contracts which are inconsistent with the requirements of Section 204(b)(1)(A) of the Federal Clean Water Act and 40 CFR Part 35.2140 per current edition. SECTION 3. REPEALER: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. SEVERABILITY CLAUSE: If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. WHEN EFFECTIVE: This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed and approved first reading by the Nevada City Council on 11/10/2025. Passed and approved second reading by Nevada City Council on 11/24/2025. Passed and approved third reading by the Nevada City Council on 12/8/2025. Ryan Condon, Mayor ATTEST: Kerin Wright, City Clerk December 11 2025 LIOW0420358