24-2021 - Amend Part 9 to establish Impervious Surface Fee

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(g) "Equivalent Residential Unit (ERU)" is a value, equal to 2,800 square feet of measured impervious area and is equal to the average amount of impervious area of residential properties within the City of Lakewood. (h) "Impervious area" means areas that have been paved and/or covered with buildings and materials that do not allow natural infiltration, which include, but are not, limited to, concrete, asphalt, rooftop, and blacktop. (i) "Impervious Surface Fee" - A charge based upon the Equivalent Residential Unit to recover costs of construction of projects necessary to meet the requirements of consent orders that mandate elimination of wet weather flow from Combined Sewer Overflows. This charge recovers debt service costs and other expense of all projects related to correcting wet weather overflows. (j) "Industrial unit of service" means, for purposes of system charges, any aggregation of space or area occupied for a distinct purpose such as manufacturing which results in the discharge of industrial wastewater as defined in Section 915.02(h) into the wastewater disposal system. (k) "Industrial unit of service" means, for the purposes of Industrial Cost Recovery, any nongovernmental user of the wastewater disposal system which discharges industrial wastewater and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under the following divisions as contained therein: (1) Division A. Agriculture, Forestry and Fishing. (2) Division B. Mining. (3) Division D. Manufacturing. (4) Division E. Transportation, Communications, Electric, Gas and Sanitary Services. (5) Division I. Services. (1) "Industrial wastewater" means trade, process or nondomestic waste discharged from a unit of service which exceeds twenty-five gallons per employee per day or whose wastewater characteristics exceed 250 milligrams per liter BOD5, 200 milligrams per liter total suspended solids or whose wastewater contains toxic pollutants or poisonous solids, liquids or gasses in sufficient quantity to contaminate the sludge, to interfere with any sewage treatment process or which constitutes a hazard to humans or animals, creates a public nuisance or creates a hazard to the receiving waters of the wastewater disposal system. (m) "Infiltration" is defined as a complex process of allowing runoff to penetrate the ground surface and flow through the upper soil surface. (n) "General Property Tax" means that tax used to partially defray capital costs. (o) 'Non-residential properties" are all properties not encompassed by the definition of Residential and shall be defined as Non-residential. Non-residential properties will include: (1) Apartment and Condominiums properties; (2) Commercial property; (3) Industrial property; (4) Institutional property; (5) Governmental property; (6) Churches; (7) Schools; (8) Federal, State, and Local properties; and (9) Any other property not mentioned in this or the list of residential properties below. (p) "Normal domestic wastewater" means wastewater characterized by wastes created in the preparation of foods, bathing, laundry facilities and sanitary facilities, i.e., resulting from normal living functions. (q) "Operation and maintenance costs" means the current, reasonable and necessary costs of operation and maintenance of the wastewater disposal system, paid or incurred, determined in accordance with general accepted accounting principles, including replacement costs, but excluding payments of principal of and interest on obligations issued to finance the cost of acquisition and construction of the wastewater disposal system. (r) "Owner" The owner of a property shall be defined as the person who holds actual, not merely equitable, title to the property. Executors, administrators of estates, and persons who hold property in trust shall be considered owners.