All users shall be classified by assigning each one to a "user classification" category according to the principal activity conducted on the user's premises and based on the typical wastewater constituents and characteristics for the type of user as determined by the City. The purpose of each classification is to facilitate the regulation of wastewater discharge based on wastewater constituents and characteristics to provide an effective means of source control, and to establish a system of user charges and fees which will insure an equitable recovery of the City's cost. Wastewater constituents and characteristics may include, but not be limited to: total suspended solids (TSS), biochemical oxygen demand (BOD) and flow.
(Prior code § 7-092.1)
A user classification charge may be adopted for each user category based upon the charges for the average wastewater constituents and characteristics of all users within the user classification. The charges for each wastewater constituent and characteristic shall be established by the City and set forth in the Council resolution adopted pursuant to this chapter. The City may adopt a schedule of charges and fees to include the following:
A. 
User classification charges;
B. 
Fees for monitoring;
C. 
Appeal fees;
D. 
Charges and fees based on wastewater constituents and characteristics to include applicable provisions of the Act.
(Prior code § 7-092.2)
Each user shall pay the applicable user charge as set forth in the City Schedule of User Charges and Fees. The City may elect to set fixed unit charges as set forth in the City Schedule of User Charges and Fees for certain user classifications based on wastewater constituents and characteristics. For the purpose of determining user charges the minimum standard classification charge shall be based upon a typical average strength of domestic wastewater. These constituents may include but not be limited to BOD, TSS, and volume.
(Prior code § 7-092.3)
All revenues or moneys collected by the City for use of the sanitary sewer system pursuant to the chapter shall be placed in an account entitled "Wastewater Fund" and shall be used only for the acquisition, construction, reconstruction, completion, maintenance and operation of the sanitary sewer system of the City and to repay principal and interest on any bonds heretofore or hereafter issued for the acquisition, construction, reconstruction, completion or improvement of the sanitary sewer system of the City.
(Prior code § 7-092.5)
A. 
Meter Water Supply. User charges and fees shall be applied against the total amount of water used from all sources unless, in the opinion of the City, significant portions of water received are not discharged to a sanitary sewer. The total amount of water used from public and private sources will be determined by means of public meters or private meters installed and maintained at the expense of the user and approved by the City.
B. 
Metered Wastewater Volume and Metered Diversions. For purposes of determining other than flat rate charges as set forth by Council resolution the volume of effluent discharged into the sanitary sewer and sewer service charge for such use shall be measured by an effluent meter installed at the user's expense and approved by the Director.
For users where, in the opinion of the City, a significant portion of the water received from any metered source does not flow into the sanitary sewer because of the principal activity of the user or removal by other means, the user charges and fees will be applied against the volume of water discharged from such premises into the sanitary sewer. Written notification and proof of the diversion of water must be provided by the user if the user is to avoid the application of the user charges and fees against the total amount of water used from all sources. The user shall install a meter of a type and at a location approved by the City and at the user's expense. Such meters may measure either the amount of sewage discharged or the amount of water diverted. Such meters shall be tested for accuracy at the expense of the user when deemed necessary by the Director.
C. 
Estimated Wastewater Volume.
1. 
Users Without Source Meters. For users where, in the opinion of the City, it is unnecessary or impractical to install meters, the quantity of wastewater may be based upon an estimate prepared by the City and shall be considered as conclusive. This estimate shall be based upon a rational determination of the wastewater discharged and may consider such factors as the number of fixtures, seating capacity, population equivalent, production of goods and services or such other determinants of water use necessary to estimate the wastewater volume discharged.
2. 
Users With Source Meters. For users who, in the opinion of the City, divert a significant portion of their flow from a sanitary sewer, the user charges may be based upon an estimate of the volume prepared by the user, provided the user obtains a wastewater discharge permit and pays the applicable user charges and fees. The estimate must include the method and calculations used to determine the wastewater volume and may consider such factors as the number of fixtures, seating capacity, population equivalents, production of goods and services, or such other determinants of water use necessary to estimate the wastewater volume discharge.
(Prior code § 7-092.7)
For the purposes of establishing the value of BOD for a commercial or industrial sewage, four or more representative samples shall be taken at reasonable intervals during the billing period. Those industrial or commercial establishments whose wastes are found to fall continually within the same BOD limits will be checked only at the request of the owner of said establishment or at the discretion of the Director of the Municipal Utilities Department. The average BOD value of the waste as determined by such samples shall apply for the entire billing period during which such samples are taken.
(Prior code § 7-092.8)
There shall be different unit rates per 100 cubic feet of metered water delivered for user categories, as established from time to time by the City and set forth in a Council resolution, to reasonably reflect their cost of service.
(Prior code § 7-092.9)
Except as otherwise provided in this title, it shall be mandatory for the record owner of any property in the City connected to the City's sanitary sewer system to subscribe to and pay for sanitary sewer services provided to his or her respective property.
(Prior code § 7-092.10; Ord. 2019-02-05-1403 C.S. § 12; Ord. 2019-11-05-1403-02 C.S. § 14)
Users not within City boundaries shall be assessed and charged, according to the current City User Charge System, in compliance with CFR 40. Fees which are not part of the User Charge System will be set from time to time by City Council resolution or regulated by other sections of the Stockton Municipal Code.
(Prior code § 7-092.11)
The City Manager is hereby authorized to establish any rules or regulations necessary for the enforcement of this chapter. He or she may delegate and appoint members of the City Administration to act in his or her behalf.
(Prior code § 7-092.12)
A. 
A unified bill includes charges for water services provided by the City and all other service charges, including sewer, solid waste collection, and stormwater service charges.
B. 
A bill that does not contain charges for water services provided by the City is not a unified bill as used in this chapter.
C. 
Water services not provided by the City may be billed separately from other City utility service charges at the water service provider's sole discretion.
(Ord. 2019-02-05-1403 C.S. § 13)
A. 
All accounts for sewer services shall be established by and held in the name of the record owner of the property where sewer services are provided.
B. 
At the time the application for sewer services is requested, and at the Chief Financial Officer's sole discretion, the applicant shall provide proof of ownership of the property to be served.
C. 
The record owner of a property receiving sewer services shall be fully responsible and liable for the payment of all sewer service charges, any delinquent sewer service charges, and any penalties applicable to his or her property.
D. 
The Chief Financial Officer may, in the Chief Financial Officer's sole discretion, send the bill for sewer services to a tenant or any other person or entity designated by the record owner, provided the record owner or his or her authorized representative submits to the City a complete and signed request to bill the tenant or other designated person or entity on such form as may be specified by the Chief Financial Officer.
E. 
If, in accordance with subsection D of this section, a bill is sent to a person or entity other than the record owner, then the service account shall remain in the record owner's name and the record owner shall be fully responsible and liable for the payment of any sewer service charges, any delinquent sewer service charges, and any penalties applicable to his or her property as if the bill had been sent to the record owner.
F. 
Billing and collection procedures for sewer service, including the billing cycle, whether monthly, quarterly or otherwise, will be as determined by the Chief Financial Officer with the concurrence of the City Manager. Notification of billing changes shall be provided to the record owner of any property where sewer services are provided, any tenant or designated person or entity authorized to receive a bill for sewer service charges pursuant to subsection D hereof.
G. 
Residential and commercial sewer service charges will be billed on a unified bill to the record owner and any person authorized to receive the bill pursuant to subsection D if water services are provided by the City at the service location. Residential properties that consist of two or more separate dwelling units and are served by a single water meter shall be billed for sewer service for the total number of such separate residential dwelling units served by such water meter on a unified bill if water services are provided by the City.
H. 
If a property does not receive water services from the City, sewer service charges may be billed separately or with other utility services provided by the City.
(Prior code § 7-092.13; Ord. 2019-02-05-1403 C.S. § 14; Ord. 2019-11-05-1403-02 C.S. § 15)
A. 
The Administrative Services Officer or authorized agent for billing and collection may adjust or refund such charges as are deemed to be inequitable in the presentation of an amount billed, penalty charges under extenuating circumstances, cancellation of duplicate billing, refunds of duplicate payments and refunds of amounts due to customers on closed accounts. Refunds on closed accounts of $5.00 or less will not be made unless a specific request is received from the party to whom the refund is to be made.
B. 
The Administrative Services Officer or authorized agent for billing and collection may cancel all closed accounts due to the City with a balance of $10.00 or less.
(Prior code § 7-092.14)
The Director of Municipal Utilities may make such adjustments as are deemed necessary based on a charge for service. All adjustments will require a specific request by the customer for whom the adjustment is made and such adjustments shall be approved by the Director of Municipal Utilities, and forwarded in writing to the Administrative Services Officer for processing. All adjustments may be credited to customer's account or refunded directly to the customer upon request by the customer. All direct refunds shall require the approval of the Administrative Services Officer.
(Prior code § 7-092.15)
The Administrative Services Officer or authorized agent for billing and collection is responsible for maintaining adequate records of bills tendered, payments received, delinquencies recorded, cash deposited and charges incurred. The records shall be maintained in accordance with the City's record retention policy.
(Prior code § 7-092.16)
A. 
An account is delinquent when payment in full of the bill for sewer service charges is not received at the office of the City or its authorized agent for billing and collection within 25 days of the billing date. A postmark date is not considered the date of payment.
B. 
Where all or any part of any bill for a sewer services account remains unpaid 25 days after the billing date, a basic penalty of 10 percent of the total delinquent amount will be added to such bill for the first month the account is delinquent. In addition, the City may impose a penalty in an amount not to exceed 1% per month for nonpayment of any sewer service charges and any basic penalty.
C. 
Except as otherwise provided by law, if a unified bill remains unpaid more than 60 days after the date of billing, City water service at the service location may be terminated.
1. 
City water service will not be restored until the amount of all delinquent sewer service charges, associated service charges, penalties, deposits, and reconnection charges have been paid in full.
2. 
Prior to termination of water service, the Chief Financial Officer, in the Chief Financial Officer's sole discretion, may authorize an amortization agreement pursuant to Section 779 or 10010 of the Public Utilities Code or other applicable statute or regulation.
D. 
If the account holder is the record owner of the property receiving sewer services, the City shall include a statement in each bill for sewer service charges to each record owner in substantially the following form:
"Sewer service charges and any penalties shall constitute a lien against the lot or parcel of land against which the charges and penalties are imposed if the charges remain delinquent for 60 or more days."
Pursuant to such notice, the sewer service charges and penalties may become a lien against the lot or parcel of land against which the charges and penalties were imposed if such charges remain delinquent for a period of 60 or more days. The City shall cause to be recorded with the county recorder all such delinquent sewer service charges and penalties, and when so recorded such charges and penalties shall have the force, effect and priority of a judgment lien and continue for 10 years from the time of recording unless sooner released or otherwise discharged.
(Prior code § 7-092.17; Ord. 2019-02-05-1403 C.S. § 15; Ord. 2019-11-05-1403-02 C.S. § 16; Ord. 2020-01-14-1102 C.S. § 4)
A. 
No facility of the sanitary sewer system or sewer service will be furnished to any property or person free of charge.
B. 
The record owner of any property where sewer services are provided by the City shall be responsible for the payment of any and all sewer service charges, delinquent sewer service charges, and any penalties applicable to his or her account.
C. 
It shall be and is hereby made the duty of the record owner of any property where sewer services are provided by the City to ascertain from the City Administrative Services Department or its authorized agent for billing and collection the amount and due date of any sewer service charges, delinquent sewer service charges, and any penalties applicable to the property and to pay such charges and penalties when due and payable.
D. 
Metered or monitored industrial sewer service charges will be billed to the record owner of the property where the sewer services are provided or to the tenant or designated person or entity authorized to receive such bill for such property pursuant to Section 13.12.130(D) on an individual basis separate from the City water service bill. The record owner is and shall be responsible for payment of any and all sewer service charges, delinquent sewer service charges, and any penalties applicable to the account. It shall be and is hereby made the duty of the record owner to ascertain from the City Administrative Services Department the amount and due date of any sewer service charge, delinquent sewer service charges, or penalties applicable to his or her account and to pay such charges and penalties when due and payable.
E. 
The record owner of any property where sewer services are provided by the City is obligated to inform the City Administrative Services Department or its authorized agent for billing and collection immediately of all circumstances and of any change(s) in any circumstance which will in any way affect the applicability of any sewer service charges or the amount of any such charges that may be imposed on the record owner's property for sewer services. In particular, but not by way of limitation, the record owner of any property where sewer services are provided shall immediately inform the City Administrative Services Department or its authorized agent for billing and collection of any sale or transfer of any such property.
(Prior code § 7-092.24; Ord. 2019-02-05-1403 C.S. § 16; Ord. 2019-11-05-1403-02 C.S. § 17)
A system of connection charges will be applied to users connecting or increasing their usage. The connection charge system fees will be set by the City Council by resolution from time to time and periodically adjusted to meet the needs of the capital improvement funds.
Special Rates. Special rates for connection charges for specific areas or specific cases may be made by resolution of the City Council where special conditions warrant such action by reason of hardship or inequities, or if judged by the City Council to contribute to the general good or betterment of the community.
(Prior code § 7-092.25)
Any person dissatisfied with any action taken or any decision made by the Director or designee with regard to the provisions of this chapter may appeal pursuant to the provisions of Chapter 1.44 of this code.
(Ord. 2019-11-05-1403-02 C.S. § 18)