Explanation
The purpose of this legislation is to authorize the Director of Public Utilities to pay the State of Ohio, Ohio Environmental Protection Agency (OEPA) Annual Discharge Fees for the Jackson Pike and Southerly Wastewater Treatment Plants, Municipal Storm Water Discharge fee and a Public Discharger fee for fiscal year 2016.
House Bill 152 became law in July 1993. This law created a series of fees which provides financial support of the Ohio Environmental Protection Agency. Included in these fees are an annual Wastewater Treatment Plant Discharge Fee, an annual Municipal Storm Water Discharge Fee and an annual Discharger Fee, assessed to public dischargers, that needs to be paid by holders of NPDES permits.
The Division of Sewerage and Drainage holds two such Wastewater Treatment Plant Discharge permits, Jackson Pike Permit Number 4PF00000, and Southerly Permit Number 4PF00001. The Jackson Pike Wastewater Treatment Plant has discharge fees totaling $41,400.00 and the Southerly Wastewater Treatment Plant has discharge fees totaling $41,400.00, and payment is due on January 31, 2017. A ten percent (10%) penalty is accessed, if payment is not received on or before January 31, 2017, by the Ohio EPA.
The fees for calendar year 2016 are based upon the average volume of wastewater discharged by each facility during the previous year (2015) between May 1 and October 31. During this period, the Jackson Pike Wastewater Treatment Plant averaged 73.56 MGD and the Southerly Wastewater Treatment Plant averaged 95.61 MGD.
The Division of Sewerage and Drainage, Stormwater Section holds two such permits, Municipal Storm Water Discharge Permit Number 4PI00000*CD, and Public Discharger Permit Number 4PI00000*CD. The Stormwater section has discharge fees totaling $10,000.00 and public discharger fees totaling $180.00, payment is due on January 31, 2017. A ten percent (10%) penalty is accessed if payment is not received on or before January 31, 2017 by the Ohio EPA.
The Municipal Storm Water Discharge fees for calendar year 2016 are based upon the Area Permitted (square miles) of 228.4 x $100 (not to exceed $10,000) for the previous year (2015). The annual Public Discharger fee is $180.00.
SUPPLIER: State of Ohio, Ohio Environmental Protection Agency (31-6402047), Governmental Entity
FISCAL IMPACT: $92,980.00 is needed and budgeted to pay these fees.
$92,980.00 was paid in 2015
$92,980.00 was paid in 2014
EMERGENCY DESIGNATION: This ordinance is being submitted as emergency to allow for the direct and timely payment of the fees prior to the closing of the books for 2016, to avoid any delays and possible penalties.
Title
To authorize the Director of Public Utilities to pay the annual Discharge Fees for Fiscal Year 2016 to the State of Ohio, Ohio Environmental Protection Agency for the Division of Sewerage and Drainage; to authorize the expenditure of $82,800.00 from the Sewerage System Operating Fund and $10,180.00 from the Storm Sewer Operating Fund; and to declare an emergency. ($92,980.00)
Body
WHEREAS, House Bill 152 became law in July 1993 and created a series of fees which provide financial support to the State of Ohio, Ohio Environmental Protection Agency; and
WHEREAS, included in these fees is an annual Wastewater Treatment Plant Discharge Fee, an annual Municipal Storm Water Discharge Fee and an annual Discharger Fee assessed to public dischargers, to be paid by holders of NPDES permits; and
WHEREAS, the Division of Sewerage and Drainage holds such permits for the Jackson Pike and Southerly Wastewater Treatment Plants, and the Stormwater Section; and
WHEREAS, the fees for calendar year 2016 are based upon the average volume of wastewater discharged by each facility during the previous year (2015), between May 1 and October 31. During this period, the Jackson Pike Wastewater Treatment Plant averaged 73.56 MGD and the Southerly Wastewater Treatment Plant averaged 95.61 MGD; and
WHEREAS, the Municipal Storm Water Discharge fees for calendar year 2016 are based upon the Area Permitted (square miles) of 228.4 x $100 (not to exceed $10,000) for the previous year (2015). The annual Public Discharger fee is a set rate fee, and
WHEREAS, the Wastewater Treatment Plant fees were first paid in January 1994, and the Municipal Storm Water Discharge fees and annual Public Discharger fees were first paid in January 2004, and all fees have been paid each year thereafter, and have been budgeted for the 2016 payments; and
WHEREAS, payment is due on or before January 31, 2017 to prevent a ten percent (10%) penalty; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Utilities, Division of Sewerage and Drainage, in that it is immediately necessary to authorize the Director to pay the annual Discharge Fees for Fiscal Year 2016 to allow for the direct and timely payment of the fees prior to the closing of the books for 2016, to avoid any delays and possible penalties; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of Public Utilities be and is hereby authorized to pay the Ohio Environmental Protection Agency, through the Treasurer, State of Ohio, Ohio EPA Office Fiscal Administration, Dept. L-2711, Columbus, OH 43260-2711, for annual Discharge Fees and Public Discharger Fees for 2016 upon receipt of proper invoices.
SECTION 2. That the expenditure of $92,980.00, or so much thereof as may be needed, is hereby authorized, in Fund 6100 Sewerage System Operating Fund in object class 03 Services in the amount of $82,800.00, and in Fund 6200 Storm Sewer Operating Fund in object class 03 Services in the amount of $10,180.00 per the accounting codes in the attachment to this ordinance.
SECTION 3. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is hereby declared to be an emergency measure, and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.