This chapter sets forth the establishment and collection of the National Pollutant Discharge Elimination System (NPDES) rate for new residential, common interest, commercial, industrial and quasi-public use developments based on the approved NPDES rate to fund the new requirements adopted by the Santa Ana Regional Water Quality Control Board (SARWQCB) that cities must address regarding the water pollution contained in storm water runoff to remain in compliance with federal mandates.
(Ord. 708 § 3.1, 2006)
For the purpose of this chapter and unless the context in which it is used requires otherwise, the following words and phrases shall have the meaning set forth in this section:
"Annual inflation factor"
means the percentage change in the Consumer Price Index based on the Los Angeles-Riverside-Orange County Regional Consumer Price Index, as published by the Department of Labor's Bureau of Labor Statistics.
"Benefit assessment unit (BAU)"
means a unit of measure for storm water runoff based upon the density of development. One BAU equals the runoff from a single-family residential property of 7,200 square feet, as defined in the Engineer's Report for County Service Area 152.
"Commercial"
means developments within the districts as provided for in Chapter 9.04 of this code.
"Common interest development"
means community apartment project, planned development (exclusive of single-family residential Planned Unit Developments), and stock cooperatives, more fully defined in Civil Code Section 1351, except as provided herein.
"Development"
means either a map or permit where discretionary approval is sought.
"Discharge"
means any addition of any pollutant to navigable waters from any point source.
"Industrial"
means developments within the districts as provided in Chapter 9.05 of this code.
"National Pollutant Discharge Elimination System (NPDES) permit"
means the storm water discharge permit issued by the Santa Ana Regional Water Quality Control Board (SARWQCB) or the State Water Resources Control Board in compliance with the Clean Water Act.
"Pollutant"
includes, but is not limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, wrecked or destroyed equipment, rock, sand, cellar dirt and industrial municipal, and agricultural waste discharge into water. A pollutant shall also include any increment or increase in the total volume of storm water runoff resulting from any activity or development.
"Quasi-public use"
means a development operated or maintained exclusively by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.
"Regulatory rate schedule"
means the adopted fee for various administrative and maintenance functions the city determines necessary to remain in compliance with the NPDES permit requirements.
"Residential development"
means all single-family residential developments, single-family residential Planned Unit Developments and condominiums projects.
"Storm water"
means storm water runoff, surface runoff and drainage composed entirely of rain water.
(Ord. 708 § 3.1, 2006)
The maximum annual NPDES regulatory rate for new residential developments shall be established and adjusted by resolution of the city council. This regulatory rate is based on a parcel size of 7,200 square feet (1 BAU) and may be adjusted to reflect a lower or higher density factor. The NPDES annual rates, as listed on the rate schedule for each level of service, shall be subject to an annual inflation factor, if determined necessary, based on the Los Angeles-Riverside-Orange County Regional Consumer Price Index, as published by the Department of Labor's Bureau of Labor Statistics.
(Ord. 708 § 3.1, 2006)
The maximum annual NPDES regulatory rate for new common interest, commercial, industrial and quasi-public use developments shall be established and adjusted by resolution of the city council. This regulatory rate is based on the average of six BAUs per parcel and may be adjusted to reflect a lower or higher density factor. The NPDES annual rates shall be subject to an annual inflation factor, if determined necessary, based on the Los Angeles-Riverside-Orange County Regional Consumer Price Index, as published by the Department of Labor's Bureau of Labor Statistics.
(Ord. 708 § 3.1, 2006)
A. 
California Health and Safety Code Section 5471 authorizes the city to set storm drainage rates by ordinance.
B. 
The annual NPDES regulatory rate shall be collected by one of the following methods:
1. 
The city may determine that the fee shall be collected with the rates for a publicly owned utility and may be billed upon the same bill; or
2. 
Collection may also be accomplished by direct billing of the NPDES rate on a separate bill provided by the city; or
3. 
For residential, common interest, commercial, industrial and quasi-public use parcels not receiving service from the Moreno Valley Utilities, the city may determine that the NPDES regulatory rate shall be collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes applicable to real property within the city of Moreno Valley. A written report shall be prepared each year and filed with the city clerk, which shall contain a description of each parcel of real property receiving storm drainage services and the amount of the NPDES regulatory rate for each parcel for the year. The city council shall adopt a resolution each year authorizing the county auditor/controller to place the NPDES regulatory rate on the tax roll for the upcoming fiscal year and authorizing the county tax collector to collect such taxes. The procedure to place the charges on the tax rolls and publication of notices and hearings shall be that prescribed in California Health and Safety Code Sections 5473 through 5473.8.
(Ord. 708 § 3.1, 2006)