BIL 216 Draft 02 2018-2020 - Laserfiche WebLink

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Section [21 34.]21-05-09. Sewer fund designated; disposition of funds. The funds received from the collection of the sewer service charges authorized by this chapter shall be deposited daily with the director of finance, and shall be accounted for and be known as the "County sewer fund" and shall be expended for the purpose authorized. [The Gett�, seweF fund shall eensist of three aeeounts. The fifst aeeetint will be the "ttsef ehafge aeeaunl" and the revenues for-this aeeount will eome only ftem the sewer- sefvie-. ehafges. Expenditur-es ffem this ffind shall be limited for the purpose of eaffying Out thee opefation and rnainterianee of the sewage trea4ment systern, ineluding feplaeement. The seeend aeeaunt will be the "fixed eests aeeount." Expenditures ffofn this aeeount be for-items sueh as billing expenses, debt ser-viee ehafges, eeiistnietion eosts, and othef eosts not f!elated dir-eetly to the operation and maintenanee of the sewage tr-eatmen4 system. The fevenues fef this aeeottnt will eeme ffam the ehar-ges. The third aeeount will be the "equipmepA feplaeement expenses fesefve aeeouflt." This aeeotfflt will set aside a peffien of the feventie fef sewef ser-viee ehafges as a eushion equipment expenses to eofflpensate f6r-fittettia4ion in the amount of paymen4 otit a the aeee replacement. This fiflaneial management system shall be maintained by the wastewatef division and] The department shall maintain a financial management system that will accurately account for revenues generated by the system and expenditures for operation and maintenance (including replacement) of the treatment system, based on an adequate budget identifying the basis for determining the annual [operating] operation and maintenance cost and costs of personnel, material, energy, and administration. The financial system shall include an account called the "equipment replacement expenses reserve account." This account will set aside a portion of the revenue for sewer service charges as a cushion for equipment replacement expenses to compensate for fluctuation in the amount of payment out of the account for equipment replacement. Section [21 35.]21-05-10. Miscellaneous requirements. (a) The user charges attributed to any wastewater treatment facility shall be reviewed and evaluated annually and revised if necessary on the basis of actual operation and maintenance costs. (b) The user charge system shall take precedence over any terms or conditions or agreements or contracts which are inconsistent with the requirements of section 204(b)(1)(A) of the Clean Water Act and 40 CFR 35.2140. (c) Every user of the public sewer system shall be notified annually of the user's current sewer service charge rate and that portion of the rate and/or ad valorem taxes which are attributable to wastewater treatment service in accordance with 40 CFR 35.2140. Notification may be in conjunction with a regular bill, newspaper notice, or other means acceptable to the regional administrator, Environmental Protection Agency. [Seetion 21 36. Penaltyw Any per-son eenvieted of violating any of the pr-oVisions of this ehapter- shall be guilty misdeffleanof and shall be ptinished by a fine not exeeeding $500. The eantinuanee of any sueb. violation aftef earivietion shall be deemed a fiew off-ense f6f eaeh day of sueh eontinuanee.] 15