Pursuant to the provisions of Health and Safety Code Section
5470 et seq., the city establishes a system of sewer rentals and charges
for all domestic, commercial, and industrial uses of the municipal
sewerage facilities.
(Ord. 1035 § 2, 1988)
The following words and designations wherever used in this chapter
shall be construed as defined in this section, unless from the context
a different meaning is specifically defined and more particularly
directed to the use of such words or designations.
means the assessment roll upon which general taxes of the
city are collected.
means the annual tax statement issued by the county.
means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, five
days at twenty degrees centigrade expressed in terms of weight and
concentration as milligrams per liter.
means the equivalent quantity of oxygen utilized during oxidation
of organic and inorganic matter in wastewater under standard method
COD tests, expressed in milligrams per liter.
means the classification of discharger and the parcel or
real property or portion thereof on which the discharger is situated,
and to which sewer services and facilities are furnished by the city,
including office buildings, warehouses, filling stations, hotels,
restaurants, stores and similar types of uses.
means the classification of discharger and the parcel of
real property or portion thereof on which the discharger is situated,
and to which sewer services and facilities are furnished by the city,
including manufactures, processors, packagers, industrial laundries
and similar types of uses for which test sampling and a surcharge
may be required.
means the classification of discharger and the parcel of
real property or portion thereof on which the discharger is situated,
and to which sewer services and facilities are furnished by the city,
including schools, colleges, rest homes, hospitals, clubs, lodges
and similar types of uses.
means a combination of two or more uses on the parcel of
real property or portion thereof on which the discharger is situated.
means the classification of discharger and the parcel of
real property or portion thereof on which the discharger is situated,
and to which sewer services and facilities are furnished by the city,
including single-family dwelling, multifamily dwelling (duplex, flat,
apartment and similar types of uses), trailer courts and similar types
of uses.
means the latest United States Environmental Protection Agency
approved edition of “Standard Methods for the Examination of
Water and Wastewater” prepared and published jointly by American
Public Health Association, American Water Works Association, and the
Water Pollution Control Federation on methods deemed equivalent by
the superintendent and the water quality control board for the San
Francisco Bay region, herein referred to for definitions, laboratory
procedures of analysis, tests (including test samples) and measurements.
means an additional charge based on measurement of volume
of water consumed or discharged, and/or measurement of suspended solids
and COD in wastewater discharged.
means the total suspended matter that floats on the surface
of, or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering.
(Ord. 1035 § 2, 1988)
The charges for services and facilities furnished by the city
shall be computed as provided in this chapter.
The annual rate shall be applied to residential, institutional,
commercial and nonmonitored industrial classes unless the volume charge
exceeds the minimum charge, in which event the volume charge shall
be applied. The minimum charge shall be applied to monitored industrial
classes unless the volume charge or surcharge for suspended solids
or surcharge for chemical oxygen demand, or any combination thereof,
exceeds the minimum charge, in which event the applicable charge shall
be computed by adding the volume charge, surcharge for suspended solids
and surcharge for COD.
(Ord. 1035 § 2, 1988)
The quantity of water consumed by the discharger shall be used
as a factor in determining the volume charge. The quantity of water
consumed shall be determined by the superintendent of water quality
control as follows:
(a)
Metered Flow. If all the water furnished to the discharger is measured
by a meter approved by the superintendent, then the quantity of water
shown by the measuring device as so furnished shall be the quantity
of water consumed by the discharger, unless the discharger installs
and maintains an approved discharge flow meter in which event the
quantity of water consumed shall be the quantity of water discharged
as shown by the metering device.
(b)
Nonmetered Flow. If all the water furnished, used, or discharged
by the discharger is nonmetered, the quantity of water consumed shall
be determined by the superintendent based on an analysis of the nature,
character, and extent of the discharger’s operations and reference
to related data for similar operations, with the cost of the analysis
charged to the discharger. If the discharger does not desire to have
the superintendent make the determination as stated in this subsection,
the discharger may install an outflow meter to measure the volume
of water discharged into the city’s sanitary sewer system.
(c)
Combination of Metered and Nonmetered Flow. If the water furnished
or used by the discharger is a combination of metered flow and nonmetered
flow, the quantity of water consumed shall be the total of the following:
(1)
The quantity of metered water furnished as shown by the approved
metering device, unless the discharger installs and maintains an approved
discharge flow meter, in which event the quantity of water discharged
shall be as shown by the metering device; and
(2)
The quantity of nonmetered water determined by the superintendent
based on an analysis of the nature, character, and extent of the discharger’s
operations with the cost of the analysis charged to the discharger.
If the discharger does not desire to have the superintendent make
the determination as stated in this subsection, the discharger may
install an inflow or outflow meter to measure the volume of water
discharged into the city’s sanitary sewer system.
(d)
Diversion of Water. If the discharger diverts water into its principal
activity or by other means so that the total amount of water received
or used by the discharger is not discharged into the city’s
sanitary sewer system, the discharger may install an outflow meter
to measure the volume of water discharged into the city’s sanitary
sewer system.
(e)
Exception — Percentage of Water Volume Consumed. If a city
determination regarding percentage of water volume consumed was made
or used in making the previous fiscal year sewer charge calculations,
the discharger may, with approval of the superintendent elect to have
the city use the percentage in computing the forthcoming fiscal year
charges.
(Ord. 1035 § 2, 1988)
Representative test samples of wastewater discharged as provided
in this chapter shall be used to determine pounds of suspended solids
and COD. The superintendent of water quality control shall evaluate
test samples of discharger’s wastewater discharged in each calendar
year, and shall use the test samples taken by the city and the industrial
user in the preceding calendar year in computing the suspended solids
and/or COD surcharge for the current fiscal year. If the superintendent
finds it necessary to monitor a discharger’s wastewater as part
of the computation, the cost for each laboratory analysis may be added
to the sewer charges and collected as provided in this chapter or
may be paid directly by discharger or owner of the parcel in lieu
thereof. The cost of such analysis shall be set by the superintendent
at a rate comparable to current commercial laboratory rates in the
San Francisco Bay area.
(Ord. 1035 § 2, 1988)
On or before May 1st of each year the superintendent of water
quality control shall record the determination of user classification
and quantity of water consumed and where applicable, the pounds of
suspended solids and chemical oxygen demand, to be used in computing
the forthcoming fiscal year’s sewer service charges. This information
shall be available for public inspection, and written notice of it
shall be given to the parcel owner together with the estimated applicable
charges pursuant to this chapter.
Within thirty days after receipt of the written notice, dischargers
may protest such determinations by filing a written protest with the
superintendent of water quality control together with discharger’s
computation of quantity of water consumed and pounds of suspended
solids and chemical oxygen demand supported by data and methods used
to determine the data. If no protest is filed, the determination of
the superintendent shall be deemed correct and effective for computation
of the forthcoming fiscal year’s sewer service charges. If a
protest is filed, the superintendent shall set a date for review within
ten days after receipt of the protest and give written notice of the
review date to the discharger. The discharger may appear on the date
of the review and present any additional evidence in support of the
protest. Upon completion of the review, the superintendent shall make
findings and determinations and send a copy thereof to the discharger
and city engineer. Within ten days, the discharger may appeal the
superintendent’s findings and determinations to the city engineer.
The city engineer shall set a date for review within ten days after
receipt of the appeal and give writ-ten notice of the review date
to the discharger. The discharger may appear on the date of the review
and present any additional evidence in support of the appeal. Upon
completion of the review, the city engineer shall make findings and
determinations and send a copy to the discharger. The decision of
the city engineer shall be final.
(Ord. 1035 § 2, 1988)
Charges shall be assessed on a yearly basis against parcels
based upon their use classification, quantity of water consumed and
pounds of COD and suspended solids, where applicable, and shall be
as set forth in the master fee schedule, adopted by resolution of
the city council.
(Ord. 1035 § 2, 1988)
If a discharger conducts more than one class of use on a parcel
and the quantity of water consumed by all the uses is measured by
one approved meter (inflow or outflow) and the quantity of water consumed
by each use may be estimated or projected, then the superintendent
of water quality control shall compute the charges for each use.
(Ord. 1035 § 2, 1988)
The city may make an adjustment in charges for services for
industrial wastewater characterized by the following:
(a)
A demonstrated BOD/COD ratio different by more than one standard
deviation from that of the overall treatment plant load average supported
by BOD and COD data; and
(b)
A demonstrated portion which is not removed by the treatment plant
overall operations which may be evidenced by demonstration studies
performed by the city or discharger at the discharger’s expense.
(Ord. 1035 § 2, 1988)
All sewer rentals and charges hereinbefore provided for shall
be collected on the official tax assessment roll, together with all
regular municipal real property taxes. The charges and rentals shall
constitute liens upon the particular lots or parcels of land affected
and shall be effective at the same time and to the same extent as
is provided for by law in the case of property taxes, with like penalties
for delinquencies, all as provided for by Health and Safety Code Section
5473.5, et seq.
(Ord. 1035 § 2, 1988)
In every case where a lot or parcel is situated outside the
boundaries of the city and to which the city renders municipal sanitary
sewer service, the schedule of rates and charges hereinbefore established
shall be applicable. If any such lot or parcel of land is not described
on the tax roll for the city, the county auditor shall enter the description
of such parcel upon the tax roll, together with the amounts of the
sewer rentals or charges, as shown in the report to be filed with
the city clerk by the finance director, in accord with Health and
Safety Code Section 5473.4. Any such lot or parcel of real property
shall become impressed with a lien for the amounts of the sewer rentals
or charges just as in the case of real property situated within the
city, and shall likewise be subject to the same penalties for delinquencies.
In the event that the city is unable to conveniently and appropriately
provide for the collecting of sewer rentals or charges upon the tax
roll in the case of lots or parcels of real property situated outside
the city then such rentals or charges shall be collected by an annual
billing.
(Ord. 1035 § 2, 1988)
The city may, upon a proper showing and upon the city council’s
making a determination in connection therewith, enter into a special
written agreement with any industrial or commercial concern providing
for the direct payment of sewer rentals or charges to the city rather
than for the sewer rentals or charges to be collected on the tax rolls;
provided, however, that in the event of a default, the city shall
be entitled to receive from the particular taxpayer the benefit of
all applicable penalties for delinquencies and to avail itself of
all applicable remedies for the enforcement of collection.
(Ord. 1035 § 2, 1988)
Annually, on or before the first day of July, it shall be the
duty of the finance director to file with the city clerk a report
containing a summary of the annual rentals or charges by type of real
property receiving sewer service, computed in conformity with the
schedule of charges. Thereafter, the city council shall hold a public
hearing with respect to the report, after the city clerk has given
notice by publication, in accord with Government Code Section 6066.
(Ord. 1035 § 2, 1988)
On or before the tenth day of August of each year, following
the final determination of the city council with respect to the annual
report, the city clerk shall file with the county auditor a copy of
the report with a statement endorsed thereon over the clerk’s
signature that it has been finally adopted by the city council. The
county auditor shall then enter the amounts of the charges against
the respective lots or parcels of land as they appear on the then
current assessment roll based upon detailed data provided by the city.
(Ord. 1035 §2, 1988)
In the case of new or additional sanitary sewer connections
or outlets being supplied by city after the commencement of a particular
fiscal year, the sewer rentals or charges shall be collected at the
same time as, and in conjunction with, real property taxes for the
fiscal year following that in which the installation of the new connection
or outlet is made. In such event, the sewer rentals or charges shall
be assessed on a pro rata basis, the assessment to be in proportion
to the annual charge for the sewer service.
(Ord. 1035 § 2, 1988)
In accordance with Health and Safety Code Section 5473.5 et
seq., the amount of the charges shall constitute a lien against the
lot or parcel of land against which the charges have been imposed.
The amount shall be included on bills for taxes and shall be subject
to all laws applicable to the levy, collection and enforcement of
general taxes, including, but not limited to, those pertaining to
delinquency, correction, cancellation, refund and redemption.
(Ord. 1035 § 2, 1988)
If sewer charges are delinquent for a period of sixty days,
a penalty of ten percent shall be imposed. If sewer charges are delinquent
for a period of one hundred twenty days, an additional penalty of
one and one-half percent per month shall be paid. If full remittance
is not received within one hundred eighty days, the city may discontinue
sewer service.
Any person violating a provision of this chapter or failing
to comply with a mandatory requirement of this chapter is guilty of
an infraction and, upon conviction, shall be punished as set forth
in Section 36900 of the Government Code.
(Ord. 1035 § 2, 1988)
