ENACTED  12/01/1998

An ordinance amending Title 15 of the Metropolitan Code of Laws of Nashville and Davidson County relative to pumped residential sewer service.

WHEREAS, the Metropolitan Government, through its Department of Water and Sewerage Services, has authority to provide water and sewerage services; and

WHEREAS, it is in the best interest of the citizens of Metropolitan Nashville and Davidson County and the customers of the Metropolitan Nashville sewer system to adopt provisions relative to pumped residential sewer services and to authorize connection and maintenance fees for connection to the sewer system operated by the Metropolitan Government of Nashville and Davidson County.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That Title 15 of the Metropolitan Code of Laws is amended by creating a Chapter as follows:

15.34.010 Definitions

A) "Department" refers to the Water Services Department of the Metropolitan Government of Nashville and Davidson County.

B) "Department installation" refers to a residential sanitary sewer pump installed by the Department.

C) "Developer installation" refers to a residential sanitary sewer pump installed by Developers with the approval of the Department.

D) "Homeowner installation" refers to a residential sanitary sewer pump installed by a property owner, including those residential sanitary sewer pumps installed prior to the enactment of this ordinance.

E) A "collector force main" is a pipe which transports wastewater by means of internal pressure and is therefore not dependent upon gravity.

F) A "gravity sewer line" is a pipe that transports wastewater by means of natural gravity.

G) A "residential sanitary sewer pump" (RSSP) is an in-ground wastewater pumping system that serves as an alternative to either standard gravity service or septic tank/overflow service. This pump may discharge to either a gravity sewer line or to a collector force main.

15.34.020 Applicability--

The Department shall determine, consistent with all applicable regulations, the methods by which single family residential properties are provided with sanitary sewer service.

15.34.030 Fees and Charges--

A) SEWER SERVICE CHARGE—Properties having direct access to either a gravity sewer line or to a collector force main will be billed for sewerage service, in accordance with the Metropolitan Code of Laws §15.40.060, whether or not a connection is made. Therefore, properties having previously been granted an exemption from this charge solely on the basis of not having gravity access will become subject to the charge once access is provided. Exemptions from sewer service charges previously granted for any other reason will not be affected by this provision.

B) CONNECTION FEE (TAP FEE)--All connections of a RSSP to the public sewer system will require the payment of the Department’s standard residential connection fee (tap fee) before service will be provided, unless an agreement entered into between the Department and the Developer/Homeowner expressly exempts the payment of such a fee.

C) MAINTENANCE FEE—Developer installation of a RSSP will require the payment of a one-time non-refundable maintenance fee of $2,500. This fee will not be required for Department installations nor for Homeowner installations, except as provided in Section 15.34.050(C).

15.34.040 Installation--

A) The Department will fund the installation cost for a Department installed RSSP, except for the electrical service and disconnect box which must be provided by the property owner at an exterior location of the Department’s choosing.

B) For Homeowner and Developer installations, the installation cost for a RSSP will be totally funded by the respective Homeowner/Developer. All installations must be in compliance with the Department’s specifications.

C) As determined by the Director, the installer of a RSSP system will be required to install resistant pipe materials or liners and apply manhole sealers, upstream and downstream from the discharge point, to protect the public sanitary sewer system from corrosive gases that may be generated by the RSSP system.

15.34.050 Ownership/Maintenance Responsibilities--

A) A Department installed RSSP will remain the property of Metro and will require the property owner to grant sufficient access easements to Metro for maintenance by the Department.

B) A Developer-installed RSSP will be maintained by the Department upon compliance with the following criteria:

1) The Developer must deed the RSSP system to Metro;

2) The Developer must dedicate a sufficient access easement to Metro for maintenance; and

3) The Developer must pay the one-time, non-refundable maintenance fee.

C) A Homeowner-installed RSSP will normally be solely owned and maintained by the Homeowner. However, if requested by a Homeowner, the Department may, at its discretion, elect to maintain such systems upon compliance with the following criteria:

1) The Homeowner must deed the RSSP system to Metro;

2) The Homeowner must dedicate a sufficient access easement to Metro for maintenance;

3) The Homeowner must pay the one-time, non-refundable maintenance fee;

4) For RSSP’s installed prior to the effective date of this ordinance, the RSSP must be brought into compliance with all applicable code, regulations or specifications of the Department; and

5) If required by the Department, the Homeowner must participate in the expense of necessary off-site sewer construction.

D) For those systems maintained by the Department, maintenance will include the entire RSSP system, including the service line connection to the public sewer system and the electrical wiring up to the disconnect box. However, the cost of repair or maintenance performed by the Department will be billed to the property owner when the Department determines such repair or maintenance is due to damage to the system caused by the property owner. The property owner will be responsible for the electric power costs in operating these systems.

E) The Department will not be responsible for damage to or the replacement of any structures or landscaping which might prevent or impede reasonable access to the system for repair or maintenance.

15.34.060 Disconnection--

The property owner may be required to disconnect from this RSSP system and connect to the gravity sewer within 60 days of notification that gravity sewerage service has been made available to the property. For any RSSP that it owns, the Department will then at its expense remove the system and will void/vacate any associated easements.

15.34.070 Systems installed prior to adoption of the Policy--

RSSP systems installed prior to adoption of this Policy will be maintained and operated in accordance with the Metropolitan Code of Laws.

15.34.080 Agreement--

The owner of property served by a RSSP system shall execute an agreement with the Department referencing the responsibilities of the respective parties as contained herein. Further, this agreement will become a covenant running with the land until such time that the RSSP system is removed.

SECTION 2. That this Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

 Sponsored By: Don Majors

LEGISLATIVE HISTORY
Introduced:	November 5, 1998
Passed First Reading:	November 5, 1998
Referred to:	Budget & Finance Committee Public Works Committee
Passed Second Reading:	November 17, 1998
Passed Third Reading:	December 1, 1998
Approved:	December 3, 1998
By: