A.
Permit fees shall be charged in order to recover the costs of application processing, investigation, classification and inspection for all new sewer construction and connections, capacity allocations, wastewater discharge permits, special permits, and other services expressly or reasonably required to be performed by the city pursuant to this chapter.
B.
Fees shall be those charged as may be established in the city's resolution of fees and charges, codified in the Appendix to Title 3 of this code.
C.
In the event a fee has not been set pursuant to subsection B of this section for a permit or service required by this chapter, the fee collected shall be an amount reasonably calculated, as determined by the director, to reimburse the city for its actual costs in processing the permit application or providing the services requested.
(Prior code § 2-15.50.02; Ord. 1082 § 2, 1983)
The city council, from time to time, shall establish user fees and charges for the use of the sewerage system, and shall adopt user fees and charges for the district and Livermore as provided by agreement. Such fees and charges shall provide for the recovery of all local costs and regional costs incurred by the city, district and Livermore in providing sewerage service, including, but not limited to, the capital, operational, maintenance, administration, monitoring and replacement costs of the sewerage system. Fees and charges to each user shall be based on the determination of the city, the district or Livermore of the user's proportional share of such costs considering the degree of effort required to treat the sewage of each classification of user and any special costs of billing, inspecting, monitoring and administration.
(Prior code § 2-15-50.03; Ord. 1082 § 2, 1983; Ord. 1979 § 2, 2008)
Users of the sewerage system must pay bimonthly user charges as set forth in the master fee schedule. The charges provided in such schedule shall accrue from the date the user makes the service connection.
A.
Residential User Charges. The residential user charge shall be a flat rate per dwelling unit depending upon the classification of the user pursuant to Section 15.20.010 of this chapter.
B.
Commercial User Charges. Commercial users shall be charged rates per 100 cubic feet of metered water delivered to the user, during the billing period depending upon the classification of the user pursuant to Section 15.20.010 of this chapter.
C.
Industrial User Charges. Industrial user charges shall be the sum of: (1) the "demand" charges, established for each industrial user based on the maximum-month average-day discharge of billable parameters during the previous year; (2) "loading" charges, resulting from the quantity of billable parameters discharged by a user during a billing period; and (3) monitoring costs established for each user. For new industrial users such charges shall be as determined by the director. If the billable parameters representing a user's sewage strength are relatively constant, as determined by the director, the director may establish a unit rate per quantity of wastewater discharged based upon the strength of the sewage. Such rate shall remain constant unless and until the director determines that there has been a significant change in the user's sewage strength.
D.
School User Charges. The school user charge shall be a flat rate per student based on the most current record of average daily attendance (ADA) provided by the school district.
E.
Pretreatment Program User Charges. The pretreatment program user charge shall be designed to recover program costs and shall consist of: (1) a demand (service) charge, based on classes of users, designed to recover program administrative costs; and (2) a loading (sampling) charge based on the number and type of sampling analyses conducted during the billing period. Local pretreatment program user charges are set forth in Section 15.20.180 of this chapter. Regional pretreatment program user charges are set forth in the master fee schedule.
(Prior code § 2-15.50.03(a); Ord. 1082 § 2, 1983; Ord. 1203 § 8, 1985; Ord. 1979 § 3, 2008)
For purposes of determining user charges based on sewage flow, the wastewater volume discharged by any user shall be determined upon the basis of the volume of fresh water, including all sources of nonwastewater, used by, or furnished to, the user. If a user receives water solely for irrigation purposes through a totally separate meter and water system, such irrigation water shall not be included in determining the user charge.
A.
Exception—Wastewater Metering. Upon application of a user, and upon a finding by the director that a significant portion of fresh water or nonwastewater, received by the user from any metered source, does not flow into the sewerage system because of the activity of the user, or by reason of removal of wastewater by other means, the director may authorize determination of the volume of wastewater discharge to be made by an appropriate metering device. Upon such determination by the director, a metering device of a type approved by the director and at a location approved by the director shall be installed, at the user's expense. Such metering device shall measure either the amount of wastewater discharged into the sewerage system, or the amount of fresh water or nonwastewater diverted from the sewerage system. Upon installation, such meters shall be maintained and tested periodically for accuracy in accordance with requirements established by the director, all of which maintenance and testing shall be at the expense of the user.
B.
Exception—Estimated Volume. In lieu of the use of a metering device as specified in this section, and upon a determination by the director that it would be unnecessary or impracticable to install, maintain, or operate such a metering device, wastewater volume discharged by a user into the sewerage system may be based upon an estimate thereof determined by the director. The determination of such estimated wastewater volume shall be based upon such factors as the number of fixtures through which wastewater flows into the sewerage system from the user's premises, the seating capacity of buildings or improvements upon the premises, the population equivalent associated with the premises, the annual production of goods and services related to the premises, or other factors reasonably relating to water use, wastewater volume calculations, or diversions of wastewater flow from sewerage facilities, as determined by the director.
C.
Users Without Water Service. Users not receiving metered water service shall be charged on the basis of RDEs determined by an estimate of the user's discharge. The director shall make the estimate in accordance with procedures established for estimating discharges of new users pursuant to Section 15.24.050 of this title. The director may require unmetered users to install appropriate metering devices, at the user's expense if the director suspects that the estimate of the unmetered user's discharge will not adequately reflect the user's actual volume of discharge.
D.
Permit Required. Permission for calculation of wastewater volumes to be determined in accordance with the provisions of subsections A, B and C of this section shall only be granted by a permit issued by the director or as a provision of such other permit as may be required or provided under this chapter. In the event such permission is granted pursuant to a separate permit, applications therefor shall be in writing in such form as the director shall require, and shall set forth the following:
1.
The name and address of the applicant;
2.
The location, or other description of the premises served by the sewerage system for which such calculation is proposed to be made;
3.
Reasons supporting the need for a metering device or calculation of estimated volumes, as appropriate; and
4.
Such data, statistics, or other information deemed necessary or appropriate by the director to enable the director to make the finding or determination specified as appropriate.
Permits authorized pursuant to the provisions of this section shall be subject to reasonable terms and conditions determined necessary or appropriate by the director in order to carry out the provisions of, and ensure compliance with, this chapter, or other requirements of law. |
(Prior code § 2-15.50.03(b); Ord. 1082 § 2, 1983; Ord. 1175, 1985)
The minimum bimonthly service charge per user for use of the sewerage system shall be the appropriate bimonthly rate for those users charged a flat rate and shall be a rate equivalent to the single-family residential flat rate for users billed on a sewage flow basis.
(Prior code § 2-15.50.03(c); Ord. 1082 § 2, 1983)
Charges for use of the sewerage system by users paying a flat rate for portions of a billing period shall be prorated at a daily rate equal to one-sixtieth of the bimonthly rate. Charges shall accrue from the date the service connection is made. Charges for those paying based on sewage flow shall be based on actual flow for the partial period plus a prorated portion of any flat rate charges, including demand charges and monitoring costs.
(Prior code § 2-15.50.03(d); Ord. 1082 § 2, 1983)
User charges shall be included in the municipal water service bill for each user's premises, and shall, unless otherwise provided herein, be due, payable and collected in the same manner and at the same time as the water bill. User charges shall be delinquent 21 days after billing therefor. Delinquent payments shall incur a basic penalty of 10 percent for the first month delinquent. A penalty of one-half of one percent per month shall be charged for each succeeding month for nonpayment of the charges and basic penalty. Enforcement of payment shall, unless otherwise provided herein, be made in the same manner as provided in Chapter 15.12 of this title. If there is no water service, billing and payment shall be made in the same manner, time and place as for water service. In lieu of charges collected with water service bills, the city may provide for collection of fixed rate user charges as part of the annual general county tax bill.
(Prior code § 2-15.50.03(e); Ord. 1082 § 2, 1983)
A.
For a new residential applicant, whether the applicant is the property owner or a tenant of a residential unit that is not master metered, The finance director may require from the applicant a security deposit in an amount not to exceed twice the average periodic (i.e., bimonthly) bill.
B.
For a new residential applicant for a building that is master metered, The finance director may require from the property owner a security deposit in an amount not to exceed an estimated 12 months' average bills.
C.
For a new nonresidential applicant, whether the applicant is the property owner or the tenant, The finance director may require from the applicant a security deposit in an amount not to exceed an estimated 12 months' average bills.
D.
Where the new residential applicant is a tenant in a residence that is not master metered, The finance director shall not require, as a condition of the new applicant's establishing an account and receiving service, that the account be established in the property owner's name unless the property owner consents through a written agreement.
E.
Where the new residential applicant is a tenant in a residence where the account for the previous tenant has outstanding charges and/or penalties, The finance director shall not require the new applicant to pay those charges/penalties as a condition of establishing an account and receiving service unless the new applicant was an adult living in the residence when the charges/penalties accrued.
(Prior code § 2-15.50.03(f); Ord. 1082 § 2, 1983; Ord. 1703 § 2, 1997)
All revenues received from the user charges prescribed in Sections 15.20.030 through 15.20.090 of this chapter shall be deposited in a fund entitled "Sewer and Drainage Operation and Maintenance Fund," and used for any purpose described in Sections 15.20.030 through 15.20.090 of this chapter.
(Prior code § 2-15.50.03(g); Ord. 1082 § 2, 1983)
Peak month loading charges for every user shall commence on the date the user purchases a connection permit, or on the date the district's treatment and disposal facilities are ready for use, whichever is later. Peak month loading charges shall be based on the total capacity purchased. The peak month loading charges shall be based on unit costs for each user demand charge, except for collection, as determined by the director.
(Prior code § 2-15.50.03(h); Ord. 1203 § 5, 1985)
Connection fees and charges shall be assessed new users or existing users desiring expanded capacity in the sewerage system. Connection fees and charges shall provide for the recovery of the user's proportional share of:
A.
The city's and district's capital costs of the sewerage system;
B.
The cost of treatment plant expansion, improvements and rehabilitation;
C.
The cost of repairing, replacing and expanding the sewerage system;
D.
The cost of purchasing capacity from another sewerage system; and
E.
Any other sewerage system related purpose.
(Prior code § 2-15.50.04; Ord. 1082 § 2, 1983)
Connection fees shall be assessed new users or existing users desiring expanded capacity according to the schedule set forth in Section 15.20.180 of this chapter. Connection fees shall be levied and are due and payable to the city at the time a permit is issued authorizing connection to the sewerage system.
A.
District Connection Fee. A district connection fee shall be levied and collected by the city from each applicant unless the applicant has paid the appropriate district connection fee directly to the district pursuant to agreements entered into prior to the adoption of this chapter. Applicants who have paid the district connection fee directly to the district shall furnish the city satisfactory evidence of a valid district connection permit at the time of application for sewerage connection. District connection fees collected by the city shall be transferred to the district monthly and shall be deposited by the district in its sewer expansion fund.
B.
City Connection Fee. The city connection fee shall be levied and collected by the city from each applicant. City connection fees shall be deposited in the sewer improvement fund.
C.
City Connection Surcharge. In the event the city has entered into any reimbursement agreement or other agreement requiring the collection and/or redistribution of connection fees from all or any particular portion of the city, the city shall collect said connection fees in the amount and manner as prescribed in those agreements.
D.
Exception—Reconstruction of Damaged Structures. No sewer connection fee or charge shall be made for the construction, rehabilitation, or repair to any existing structure damaged or destroyed by a natural catastrophe or act of God, including, but not limited to, fires, earthquakes, and floods.
E.
Exception—Credits. A credit against connection fees and charges shall be permitted for all lands subject to any agreement that specifically provides for credits or reimbursements against such fees and charges.
(Prior code § 2-15.50.04(a); Ord. 1082 § 2, 1983)
Any change in use or addition to premises resulting in a need for greater capacity in the sewerage system shall require the payment of additional fees as prescribed herein.
(Prior code § 2-15.50.04(b); Ord. 1082 § 2, 1983)
Prior to the issuance of any building permit or other permit authorizing connection to or additional use of capacity in the sewerage system by the city, the applicant therefor shall pay to the city the necessary connection fees provided for in this chapter, together with such other fees as may be now in effect or hereafter adopted.
(Prior code § 2-15.50.04(c); Ord. 1082 § 2, 1983)
All revenues deposited in the sewer improvement fund shall be used for any of the purposes described in this section. Interest earned on such funds shall remain in the sewer improvement fund and shall be used for the same purposes as the principal.
(Prior code § 2-15.50.04(d); Ord. 1082 § 2, 1983)
Upon application and good cause shown, the city council may, in its sole discretion, waive any of the fees and charges prescribed in this chapter over which it has authority.
(Prior code § 2-15.50.05; Ord. 1082 § 2, 1983)
Sewer rates, fees and charges shall be in accordance with the amounts specified in the master fee schedule.
(Prior code § 2-15.50.06; Ord. 1082 § 2, 1983; Ord. 1203 §§ 6, 7, 1985; Ord. 1256 § 1, 1986; Ord. 1326 § 1, 1987; Ord. 1397 § 1, 1989; Ord. 1426 § 1, 1989; Ord. 1499 § 1, 1991; Ord. 1500 § 1, 1991; Ord. 1535 § 1, 1992; Ord. 1587 § 1, 1993; Ord. 1618 § 1, 1994; Ord. 1651 § 1, 1995; Ord. 1671 § 1, 1995; Ord. 1712 § 1, 1997; Ord. 1784 § 1, 1999; Ord. 1787 § 1, 1999; Ord. 1807 § 1, 2000; Ord. 1837 § 1, 2001; Ord. 1910 § 1, 2004; Ord. 1952 § 1 (Exh. A), 2007; Ord. 1979 § 4, 2008; Ord. 1981 § 1, 2008; Ord. 2002 § 1, 2010)