Unless the context specifically indicates otherwise, the meaning of terms used in this division shall be as follows:
Biochemical oxygen demand (BOD).
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty (20) degrees centigrade, expressed in milligrams per liter.
Capital charge.
That portion of the total wastewater service charge that is levied for capital costs, investment in plant facilities, depreciation and other costs, excluding operation, maintenance and replacement costs.
Commercial customer.
Any customer that does not qualify as a residential customer.
Living unit.
A residential unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, cooking, eating and sanitation.
Normal sewage.
Sewage that when analyzed shows a daily average concentration of not more than two hundred fifty (250) mg/l of BOD and two hundred fifty (250) mg/l of SS and is otherwise acceptable for collection and treatment.
Residential customer.
Any customer who has not more than a single living unit served by a single lateral line transporting wastewater to the collection system.
Surcharge.
A charge added to the normal user charge when the BOD, SS or other pollutant concentration from a user exceeds the range of concentration of these pollutants in normal domestic sewage.
Suspended solids (SS).
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and that are removable by laboratory filtering.
User charge.
That portion of the total wastewater service charge that is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment and collection system.
Wastewater treatment system.
The facilities used to transport wastewaters from individual homes or buildings to a plant or facility where treatment of the wastewater is accomplished and the plant or facility where treatment is accomplished [sic]. The objective of such treatment is to remove pollutants and to dispose, recycle, or reuse the treated wastewaters and residues that result from the treatment process.
(2002 Code, sec. 13.601)
This division shall take precedence over any terms or conditions of agreements or contracts between the city and users, including commercial, industrial, special districts, or federal agencies or installations, which are inconsistent with this division.
(2002 Code, sec. 13.602)
The city will apply excess revenues collected from a class of users to the cost of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.
(2002 Code, sec. 13.603)
There is hereby levied on all persons, firms, corporations, organizations, political units and political subdivisions, and all other entities using the wastewater collection system of the city, a schedule of charges as hereinafter provided.
(2002 Code, sec. 13.604)
Users connected to and served by the wastewater treatment system of the city shall be classified as either residential or commercial.
(2002 Code, sec. 13.605)
The following schedule of charges for residential, commercial and multifamily complex customers shall be effective with the first billing cycle of October 1992. The variable rate portion is to be used for the payment of costs of operation and maintenance (including replacement) of the wastewater collection and treatment system. The monthly charges are as established by the city council.
(2002 Code, sec. 13.606)
The rates set forth in this division are applicable to each residential, multifamily and commercial customer per month or for any part of a month for which water is used at the same location.
(2002 Code, sec. 13.607)
(a) 
The rates for residential users of wastewater treatment services shall be as established by the city council.
(b) 
Except as hereafter provided, the monthly volume of wastewater generated by residential users shall be assumed to be equivalent to ninety-five one-hundredths (0.95) of the average monthly water consumption for that customer for the preceding December, January and February. If the customer has not had water service for the preceding December, January and February, the monthly volume of wastewater shall be assumed to be four thousand five hundred (4,500) gallons, and such assumption shall be used for the first ninety (90) days of service. Thereafter, the average monthly water consumption for such ninety (90) days shall be assumed to be the monthly volume of wastewater service, and such assumption shall be used until such customer shall have had water service for the months of December, January and February. After the customer has had water service for such months, the assumption set out in the first sentence of this subsection shall be used for the calculation of user charges.
(c) 
If the actual monthly water consumption for any month is less than the average monthly volume as determined by subsection (b) above, the customer shall be billed for the lesser amount.
(2002 Code, sec. 13.608)
(a) 
The rates for commercial users of wastewater treatment services shall be as established by the city council.
(b) 
The monthly volume of wastewater generated by a commercial user shall be assumed to be ninety-one one-hundredths (0.91) times the volume of water consumed, provided that any commercial premises having a separate irrigation system and meter shall be assumed to have a monthly volume of wastewater equal to ninety-five one-hundredths (0.95) of the volume of water consumed.
(2002 Code, sec. 13.609)
Upon a showing by a commercial user that the water consumed by the user does not reach the sanitary sewer system of the city, a reduction shall be allowed for the water shown to the satisfaction of the city not to have reached the sanitary sewer system of the city; provided, however, that the volume of water shown exceeds fifty thousand (50,000) gallons per month or twenty (20) percent of the total water consumed by the user, whichever is more, and provided further that no reduction be allowed to any commercial user where water consumption is less than an average of fifty thousand (50,000) gallons per month.
(2002 Code, sec. 13.610)
The following surcharge schedule, all of which is designated as a user charge, will be implemented:
Surcharge
=
Q ÷ 1,000,000 x 8.34 x [a (Biochemical Oxygen Demand - 250)] + [b (Total Suspended Solids - 300)] x 1.10
Where:
 
Q
=
Flow of wastewater in gallons.
8.34
=
Weight in pounds of one gallon of water.
250
=
Normal [limits] of biochemical oxygen demand or normal limits of total suspended solids in domestic wastewater expressed in milligrams per liter.
1.10
=
Administrative overhead recovery factor.
a
=
Unit cost of treatment per pound of biochemical oxygen demand.
b
=
Unit cost of treatment per pound of total suspended solids.
This formula is based on a unit charge for BOD and a unit charge for SS as established by the city council.
(2002 Code, sec. 13.612)
The user charge portion of the rate structure will be reviewed annually to accomplish the following:
(1) 
Ensure that the extant user charge rate is adequate to cover operation, maintenance and replacement costs;
(2) 
Ensure that operation, maintenance and replacement costs are being distributed proportionally among users and user classes.
(2002 Code, sec. 13.613)
The city shall annually notify each user in conjunction with a regular bill of the rate and that part of the user charge attributable to wastewater treatment services.
(2002 Code, sec. 13.615)
Bills for the service charges for the use of the wastewater collection and treatment system by the premises shall be rendered to the person or legal entity designated by the owner, his agent, tenant or occupant. The bills for the service charges shall be rendered monthly. When any wastewater service bill is fifteen (15) days in default, that bill shall be deemed delinquent. Rendition of water service to such premises shall be discontinued until the bill is paid following due notice as set forth in section 24.04.007.
(2002 Code, sec. 13.616)
The rates shall never be reduced below an amount sufficient to provide for the operation and maintenance of the wastewater treatment system and for the payment of the principal of and interest on existing bonds, and shall, when necessary, be increased to provide for said operation and maintenance and for the payment of the principal of and interest on existing bonds.
(2002 Code, sec. 13.617)
None of the facilities or services afforded by the wastewater treatment system shall be furnished without a charge being made therefor. In the event the city or any instrumentality thereof shall avail itself of any of the facilities or services so afforded, the reasonable value thereof shall be charged against the city or such instrumentality, and shall be paid for as the charges therefor accrue. The revenues so received from the city shall be deemed to be revenues from the operation of the wastewater treatment system and shall be used and accounted for in the same manner as any other revenues derived from its operation; provided, however, that nothing herein shall be construed as requiring the city or any instrumentality thereof to avail itself of the facilities or services afforded by the wastewater treatment system.
(2002 Code, sec. 13.618)
(a) 
A person who continues discharging wastewater in violation of this division is guilty of misdemeanor, and upon conviction is punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(b) 
In addition to proceeding under authority of subsection (a) of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
(2002 Code, sec. 13.619)
(a) 
Commercial and industrial establishments hereafter described as class I, II or III which discharge wastewater into the city sanitary sewer system shall be required to meet the requirements of this section.
Class
Description
I
Eating places: Includes restaurants, bars, lounges and other establishments which engage in preparation of food or beverage which is served directly to the consumer.
II
Equipment service facilities: Includes establishments which perform or provide washing, cleaning or servicing of automobiles, trucks, buses, machinery or equipment. This class to include public facilities, facilities limited to specific companies, attended and coin-operated establishments.
III
Food and kindred products processing: Includes commercial establishments which engage in the preparation, packaging, processing or distributing of food, food [sic] other than those included in class I, and which discharge less than 150,000 gallons of wastewater per month.
All industries falling within one or more of the above class groups shall be subject to and pay a surcharge as set forth in subsection (g) below.
(b) 
A surcharge shall be charged the customers based on wastewater strength determination for that particular class group. Strengths for biochemical oxygen demand and total suspended solids are determined for each class group according to the table set forth in subsection (f).
(c) 
Flow determinations will be made by estimating flow from water consumption records or flow meters as outlined in subsection (e), except that a permit will not be required. If an industry that falls under the requirements of this section is located in a larger facility served by a master meter, then the director of public works or his designee shall estimate the wastewater flow from that industry.
(d) 
If an industry contains operations from more than one class group and it is determined that the surcharge rate for a particular class group would not adequately compensate the city for its costs of treatment, then the director of public works or his designee may assess an additional charge based on a proportional average of the class groups involved or he may require the industry to be billed for an industrial surcharge as outlined in subsections (f) and (g).
(e) 
An industry placed into a class group may elect to have its surcharge determined from composite samples in lieu of the class averages provided that:
(1) 
A request to do so is submitted to and approved by the director of public works or his designee.
(2) 
Install a manhole built to city department of public works specifications at the sole expense of the requesting industry and approved by the director of public works or his designee.
(3) 
A self-monitoring procedure to include sampling and analysis as prescribed by the director of public works or his designee is obtained and strictly followed. Such collections and analysis being at the sole expense of the requesting entity, or the city may provide monitoring after placement of the manhole as provided above, with the requesting industry compensating the city for its actual expenses.
(4) 
The requesting entity agrees and understands that the city shall obtain check samples, either grab or composite, from the monitoring site for the purpose of checking the accuracy of the self-monitoring procedures and analysis prescribed above and that, in the event of discrepancies, the city's data or the normal average strengths of the appropriate class shall be used for determining the surcharge.
(5) 
The laboratory employed by the requesting industry shall be approved by the director of public works or his designee, prior to implementation of self-monitoring. Subsequent changes in the laboratory shall require prior approval.
(6) 
At the option of the director of public works or his designee, the industry may be removed from a class surcharge group and surcharges determined under subsections (f) and (g).
(f) 
The initial determination for BOD and TSS strength shall be based on the following levels:
(1) 
Class I:
BOD
=
1,013 mg/l
TSS
=
831 mg/l
(2) 
Class II:
BOD
=
191 mg/l
TSS
=
1,003 mg/l
(3) 
Class III:
BOD
=
752 mg/l
TSS
=
423 mg/l
These strengths may be revised from time to time based on samples collected as outlined in subsection (e).
(g) 
The formula for determining the surcharge for public utilities purposes shall be determined through the following formula:
Surcharge
=
Q ÷ 1,000,000 x 8.34 x [a (Biochemical Oxygen Demand - 250)] + [b (Total Suspended Solids - 300)] x 1.10
Q
=
Flow of wastewater in gallons.
8.34
=
Weight in pounds of one gallon of water.
250
=
Normal limits of biochemical oxygen demand or normal limits of total suspended solids in domestic wastewater expressed in milligrams per liter.
1.10
=
Administrative overhead recovery factor.
a
=
Unit cost of treatment per pound of biochemical oxygen demand.
b
=
Unit cost of treatment per pound of total suspended solids.
(h) 
Exception. Upon request by an industry, the director of the department of public works or his designee shall conduct an on-site inspection for the purpose of determining whether or not the type of operation conducted by the industry is likely to generate extra-strength sewage. On the basis of this inspection, the industry may be excluded from the class surcharge. This exception shall become null and void if, upon subsequent investigation, extra strength sewage is actually being generated by the industry or the operation of the industry changes, at which time a redetermination shall be made.
(2002 Code, sec. 13.620)