§ 23-75. Industrial user strength sewer surcharge.

(a)

Purpose. The metropolitan waste control commission, a metropolitan commission organized and existing under the laws of the state in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder, hereinafter referred to as the "act", has determined to impose an industrial user sewer strength charge upon users of the metropolitan disposal system as defined in Minn. Stats. § 473.121, subd. 24, to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the city to pay such costs based upon strength of industrial discharge and allocated to it each year by the commission, it is necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the city. Minn. Stats. § 444.075, subd. 3, empowers the city to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the county auditor as a tax lien against the property served.

(b)

Establishment. For the purpose of paying the costs allocated to the city each year by the commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the city, there is established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company or corporation receiving waste treatment services within or served by the city, based upon strength of industrial waste discharged into the sewer system of the city, hereinafter referred to as the strength charge.

(c)

Formula. For the purpose of computation of the strength charge, there is established in compliance with the act the same strength charge formula designated in Resolution No. 76-172, adopted by the governing body of the commission on June 15, 1976. Such formula is based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the commission.

(d)

Payment. The strength charge shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth day next succeeding the date of billing thereof to such user by or on behalf of the city. Payment shall be deemed to be delinquent if not so paid to the billing entity before such date. If such payment is not paid before such date the industrial user shall pay interest compounded monthly at the rate of two-thirds of one percent per month on the unpaid balance due.

(e)

Tax lien. If the strength charge is not paid before the 60th day next succeeding the date of billing thereof to the industrial user by or on behalf of the city, it, plus accrued interest established pursuant to subsection (d) hereof, shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the city or its agent shall certify such unpaid delinquent balance to the county auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the city or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy.

(Code 1985, §§ 1111.18—1111.22)