§ 509.780. Metropolitan council environmental services.

Industrial user sewer strength charge system.

(a)

Recitals. The metropolitan council environmental services, a metropolitan commission organized and existing under the laws of the State of Minnesota (the "commission"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the "act"), has determined to impose an industrial user sewer strength charge upon users of the metropolitan disposal system (as defined in Minnesota Statutes, Section 473.121, subdivision 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 hereby found, determined and declared to be 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. Furthermore, Minnesota Statutes, Section 473.521, subdivision 3, expressly authorizes the city to exercise the powers granted any municipality by Minnesota Statutes, Section 444.075 and Minnesota Statutes, Section 444.075, subdivision 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 of strength charges. 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 hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each 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 (the "strength charge").

(c)

Establishment of strength charge formula. For the purpose of computation of the strength charge established by subsection (b) hereof, there is hereby established, approved and adopted 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 being based upon pollution qualities and difficulty of disposal of the sewerage 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)

Strength charge payment. It is hereby approved, adopted and established that the strength charge established by subsection (b) hereof shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth day next succeeding and date of billing thereof to such user by or on behalf of the city, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date, an industrial user shall pay interest compounded monthly at the rate of two-thirds ( 2/3 ) of one (1) percent per month on the unpaid balance due.

(e)

Establishment of tax lien. As provided by Minnesota Statutes, Section 444.075, subdivision 3, it is hereby approved, adopted and established that if payment of the strength charge established by subsection (b) hereof is not paid before the sixtieth day next succeeding the date of billing thereof to the industrial user by or on behalf of the city, said delinquent sewer strength charge, 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. (98-Or-134, § 1, 11-13-98)