AN ORDINANCE AMENDING SEWER ORDINANCE NO. 431 TO ADD SPECIFIC LOAN NUMBER FOR the City of Colman, South Dakota, that Ordinance No. 431 Be Amended As Follows:

Section 1. The following rates and charges are hereby established and shall be payable for sewer usage made available for municipal, industrial, commercial, and domestic purposes as follows:

Service Charge - For all billings as of the October 1st, 2022 - $43.96 per month per residence, industrial, and commercial purposes Plus $5.35 per 1,000 gallons of water used from 4,000 to 10,000 gallons.

$32.10 of the base charge will go directly to paying of the loans for the Sewer Replacement Project for CW-1 and CW-2.

$11.86 of the base charge will go directly to paying of the loans for the Sewer Replacement Project for CW-3.

The base charge and the water use charge shall increase at a rate of 2% every year.

In addition to the other charges, the City hereby establishes a surcharge of $43.96 payable by each customer of its system who receives or benefits from the services of the project financed by the CW-03 loan with the borrower bond. The collection of the surcharge shall start in May 2023. The surcharge shall remain in effect until such time as the borrower bond is paid in full, it shall be collected at the same time as other charges of the system, and establish a surcharge account to segregate the income from other system income for book keeping purposes to be pledged to the South Dakota Conservancy District. The surcharge shall be reviewed from year to year and modified in order to provide the required 110 percent debt coverage.

Section 2.
All ordinances, resolutions, or motions or parts thereof in conflict herewith are hereby repealed. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any part of this ordinance which can be given effect without such invalid part or parts.

Section 3.
This ordinance is necessary for the immediate preservation of the public peace, health, safety, and support of the municipal government and its existing institutions, and shall take effect immediately upon the passage and publication thereof pursuant to SDCL 9-19-13.

Section 4. Regulation of unpolluted water and sump pump discharge:

Notwithstanding any contrary provision of this code, the provisions of this chapter shall be deemed to apply to any discharge of unpolluted water, including, but not limited to, storm water, sump pump water, surface water, ground water, roof runoff, or subsurface drainage.

Unpolluted water, as defined, shall be discharged to such sewers as are specifically designated as storm sewers, to the curb and gutter of the street or alley, or to such other natural outlet approved by the City. Ground water or sump water, collected by building subdrains must discharge to the ground surface outside of the building, a storm drain, a sump pump collection system, or a natural outlet. No sump pump discharge to the ground surface shall create a hazard or a nuisance, including but not limited to: ice accumulation on city streets, alleys, and sidewalks; damaging a city street or sidewalk; creating ponds of standing water or algae; depositing on the asphalt surface of a street or alley when a concrete curb and gutter is available to receive such discharge; or flowing over adjoining property.

The City Engineer, or his designee, will not authorize or grant any exception variance permitting the discharge of unpolluted water to the sanitary sewer.