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File #: 3025-2024    Version: 1
Type: Ordinance Status: Consent
File created: 10/30/2024 In control: Public Utilities & Sustainability Committee
On agenda: 11/25/2024 Final action:
Title: To authorize the Director of Public Utilities to pay the annual discharge fees for fiscal year 2024 to the State of Ohio, Ohio Environmental Protection Agency, for the Division of Sewerage and Drainage and the Division of Stormwater; and to authorize the expenditure of $82,800.00 from the Sewer Operating Sanitary Fund and $10,000.00 from the Storm Sewer Operating Fund. ($92,800.00)
Attachments: 1. MS4 ADF Invoice Letter_2024_Part308, 2. MS4 ADF Invoice_2024_Part308, 3. 2024 OEPA Annual Discharge Fee Invoice_Southerly, 4. 2024 OEPA Annual Discharge Fee Invoice_Jackson Pike, 5. ORD 3025-2024 Financial Coding - OEPA Annual Discharge Fees

Explanation

 

This legislation authorizes 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, and the Municipal Separate Storm Sewer System (MS4) annual discharge fee for fiscal year 2024.

 

House Bill 152 of the 120th Ohio General Assembly became law in July 1993. This law created a series of fees to provide financial support for the OEPA, including an annual wastewater treatment plant discharge fee and an annual municipal stormwater discharge fee assessed to holders of National Pollutant Discharge Elimination System (NPDES) permits. 

 

The Division of Sewerage and Drainage (DOSD) holds two such wastewater treatment plant discharge permits: Jackson Pike permit number 4PF00000 and Southerly permit number 4PF00001. The Jackson Pike Wastewater Treatment Plant discharge fee is $41,400.00, while the Southerly Wastewater Treatment Plant discharge fee is $41,400.00. Each payment is due by January 30, 2025. A ten percent (10%) penalty is assessed if payment is not received on or before that date.

 

The fees for 2024 are based upon the average daily discharge flow in million gallons per day (MGD) for each facility using flow data between May 1 and October 31. During this period, the Jackson Pike Wastewater Treatment Plant averaged 64.2978 MGD and the Southerly Wastewater Treatment Plant averaged 94.4801 MGD.

 

The Division of Stormwater also holds a discharge permit: municipal storm water discharge permit number 4PI00000*DD. Fees for this permit are calculated as ten dollars per one-tenth of square mile of area permitted (not to exceed $10,000) for the previous year. The total area of the Columbus MS4, 225.79 square miles of area permitted, is well above the threshold for this cap, so the Stormwater section’s discharge fee is $10,000.00. This payment is also due on January 30, 2025 and is subject to the same ten percent (10%) penalty if it is not paid by that date.

 

SUPPLIER: 

 

Treasurer of State of Ohio, Ohio Environmental Protection Agency | D365 Vendor #005089 | Governmental Entity

 

FISCAL IMPACT: 

 

$113,500.00 was budgeted to pay these fees.

 

$113,500.00 was paid in 2023

$113,500.00 was paid in 2022

 

 

Title

 

To authorize the Director of Public Utilities to pay the annual discharge fees for fiscal year 2024 to the State of Ohio, Ohio Environmental Protection Agency, for the Division of Sewerage and Drainage and the Division of Stormwater; and to authorize the expenditure of $82,800.00 from the Sewer Operating Sanitary Fund and $10,000.00 from the Storm Sewer Operating Fund. ($92,800.00)

 

 

Body

 

WHEREAS, House Bill 152 of the 120th Ohio General Assembly became law in July 1993 and created a series of fees to provide financial support for the Ohio Environmental Protection Agency; and

 

WHEREAS, included in these fees are an annual wastewater treatment plant discharge fee and an annual municipal storm water discharge fee, assessed to holders of National Pollutant Discharge Elimination System (NPDES) permits; and

 

WHEREAS, the Division of Sewerage and Drainage (DOSD) holds such permits for the Jackson Pike and Southerly Wastewater Treatment Plants, and the Division of Stormwater holds one such permit for municipal storm water discharge; and

 

WHEREAS, to prevent any potential penalties, the management has chosen to proceed with the legislative process based on our conservative forecasts; and

 

WHEREAS, these average daily discharge flow rates result in fees of $41,400.00 for Jackson Pike and $41,400.00 for Southerly; and

 

WHEREAS, the municipal storm water discharge fee for calendar year 2024 is calculated as ten dollars per one-tenth of square mile of area permitted (not to exceed $10,000) for the previous year; and

 

WHEREAS, the total area of the Columbus MS4, 225.79 square miles of area permitted, is well above the threshold for this cap, so the Stormwater section’s discharge fee equals $10,000.00; and

 

WHEREAS, both types of discharge fees are due on or before January 30, 2025 to prevent a ten percent (10%) penalty; and

 

WHEREAS, the expenditure of $92,800.00, or so much thereof as may be needed, is hereby authorized in Fund 6100, Sewer Operating Sanitary Fund, as $82,800.00 from object class 03, Services, and in Fund 6200, Storm Sewer Operating Fund, as $10,000.00 from object class 03 Services, per the accounting codes in the attachment to this ordinance.

 

WHEREAS, it has become necessary in the usual daily operation of the Department of Public Utilities, Division of Sewerage and Drainage and Division of Stormwater, to authorize the Director of Public Utilities to pay annual discharge fees for 2024 to the State of Ohio, Ohio Environmental Protection Agency; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:

 

SECTION 1.  That the Director of Public Utilities is hereby authorized to pay the Ohio Environmental Protection Agency, P. O. Box 77005, Cleveland, OH 44194-7005, the annual wastewater treatment plant and municipal stormwater discharge fees for fiscal year 2024.

 

SECTION 2.  That the expenditure of $92,800.00, or so much thereof as may be needed, is hereby authorized in Fund 6100, Sewer Operating Sanitary Fund, as $82,800.00 from object class 03, Services, and in Fund 6200, Storm Sewer Operating Fund, as $10,000.00 from object class 03 Services, 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 the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.

 

SECTION 5. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law.