For the purposes of the chapter, the following words and phrases
shall mean:
means five-day, 68 degrees Fahrenheit biochemical oxygen
demand measured in milligrams per liter (mg/L) as described in Standard
Methods.
means the Utilities and Maintenance Director of the City
of Carlsbad.
means any single- or multiple-family residential dwelling.
means any commercial discharger whose annual wastewater discharge
consists of biochemical oxygen demand plus suspended solids (added
together) equaling 400 milligrams per liter or less. Typically, this
will include car washes, retail stores, hospitals, laundromats, professional
offices, soft water services, warehouses and theaters.
means any commercial discharger whose annual average wastewater
discharge consists of biochemical oxygen demand plus suspended solids
(added together) of more than 400 milligrams per liter and less than
1,000 milligrams per liter. Typically, this will include hotels-motels
(without restaurants), repair and service stations, manufacturing
and lumber yards.
means any commercial discharger whose annual average wastewater
discharge consists of biochemical oxygen demand plus suspended solids
(added together) equaling 1,000 milligrams per liter or more. Typically,
this will include bakeries, hotels-motels (with restaurants), restaurants
and supermarkets.
means schools, social service halls, membership organizations
and other users who are determined equivalent by the Director.
means users whose wastewater discharge quantity amounts to
more than 25,000 gallons per day on an average annual basis.
means any user subject to federal categorized pretreatment
standards and requires quarterly inspection and annual permits.
means any no categorical users discharging wastewater which
may cause pass-through or interference with the system, or contain
components as determined to be regulated and requires semiannual inspections
and permits every two years.
means any user discharging waste other than domestic waste,
having a reasonable potential to adversely affect the Encina Water
Pollution Control Facility and requires annual inspections and permits
every three years.
means a lot or parcel of land, with building or establishment
thereon.
means those pipelines, plant facilities, and appurtenances
constructed, maintained and operated by the city for the collection
and treatment of sewage.
means the current edition of "Standard Methods for the Examination
of Water and Wastewater," published by the American Public Health
Association.
means solids that either float on the surface of, or are
in suspension in water, sewage or other liquids; and are largely removable
by laboratory filtering and as determined by the appropriate procedure
in Standard Methods.
(Ord. 7027 § 1; Ord. 7039, 1971; Ord. 7054 § 4, 1978; Ord. NS-143 § 1, 1991)
All persons whose premises in the city are served by a connection
to the city sewer system whereby sewage or other waste material is
disposed of through such systems, shall pay a sewer service charge
imposed by resolution pursuant to the provisions of this chapter.
(Ord. 7027 § 2; Ord. 7039, 1971; Ord. 7040 § 1, 1972; Ord. 7064 § 2, 1982; Ord. 7067 § 1, 1983; Ord. NS-14 § 1, 1988; Ord. NS-69 § 1, 1989; Ord. NS-77 § 1, 1989; Ord. NS-143 § 2, 1991)
The charges fixed by Section 13.12.020 shall be applicable only to premises to which a sewer main is connected.
(Ord. 7027 § 3)
It shall be the duty of the city water department to collect
all charges provided for in this chapter.
The charges fixed in this chapter for any premises shall be
collected with the charges and rates for water service furnished by
the city to such premises. The charges herein fixed shall be billed
upon the same bill as is prepared for charges for water service, etc.,
and shall be due and payable at the same time that such charges for
water services are due and payable. The total amount due for the charges
herein fixed and for charges for water shall be paid as a unit.
(Ord. 7027 §§ 5,
6)
The City Council may require any person to deposit funds with
the utilities and maintenance department to ensure collection of any
charge fixed in this chapter and to ensure recovery of the actual
cost of installing sewer laterals.
The difference between actual cost of sewer installation and
the deposit amount shall be refunded upon the completion of the work.
Costs incurred beyond the deposited amount shall be itemized and billed
as an additional cost to the customer, upon review and approval by
the Director.
Deposits shall be established by resolution pursuant to the
provisions of this chapter.
(Ord. 7027 § 7; Ord. NS-143 § 3, 1991)
In the event that any person shall fail to pay any charge provided
in this chapter when the same becomes due, the city may, in addition
to any other remedies it has, cut off any of the services and facilities
referred to in this chapter and shall not resume the same until all
delinquent charges, together with any charges necessitated by resumption
of such services and facilities have been fully paid.
(Ord. 7027 § 8)
A.
Fee
Resolution. The City Council has the authority by resolution, to establish
fees when necessary to recover the costs for sewer services.
The City of Carlsbad Fee Resolution shall provide for a sewer
service charge to be charged monthly to dischargers. The sewer service
charge shall incorporate all costs of sewage collection, treatment
and disposal, including administrative and general expenses. The charge
shall be based on four cost components:
B.
Allocation
of Costs. All sewer service charges shall be calculated so as to allocate
the costs of the enterprise to the dischargers in accordance with
sewage quantity (flow) and quality (indicated by BOD and SS concentrations),
including, but not limited to, costs incurred by the EPIC in treating
and disposing of any effluent generated by discharges.
Group I residential dischargers shall be charged a flat rate
amount per billing period. The flat rate amounts for multiple-family
housing shall be administered according to the number of residential
units per water meter.
All other discharger groups shall be charged a unit rate per
hundred cubic feet (HCL) of water usage or a minimum charge, whichever
is greater. Each discharger group shall have a separate unit rate
per hundred cubic feet of water usage or minimum charge, whichever
is greater. Each Group VI large volume discharger shall have a separate
unit rate per hundred cubic feet of water usage or a minimum charge,
whichever is greater. The City of Carlsbad fee resolution shall stipulate
the unit rates and minimum charges based on wastewater quality and
quantity.
Schools shall be charged on the basis of average daily attendance
(ADA). The sewer service charge shall be applied throughout the 12-month
year.
Every person granted an industrial waste permit pursuant to Title 13 of this code shall pay a fee to the city for inspection and control. The Encina Administrative Agency (EVA) shall determine the minimum number of inspections per year for each permittee as necessary for the proper enforcement of this chapter. The inspection fee shall be included with the sewer service charge in an amount specified in the Carlsbad fee resolution according to the minimum number of inspections determined by the EVA and applied throughout the 12-month year. The same enforcement provisions shall apply to the collection of such fees pursuant to this chapter.
(Ord. NS-143 § 4, 1991)
A.
Filing
for an Adjustment of Charges. In any case where it is believed that
a sewer service charge imposed by this article is excessive, the person
responsible for paying such charge may apply to the Director for adjustment
by filing with the Director, within 30 days from the date of service
of such charge, a written dated affidavit containing:
1.
A
description, or address of the property involved in the requested
adjustment;
2.
The
name or names and mailing addresses, of all the appellants participating
in the requested adjustment;
3.
A
brief statement setting forth the legal interest of each of the appellants
in the building or land involved in the requested adjustment;
4.
A
statement in ordinary and concise language describing the reason for
the requested adjustment;
5.
A
statement of any material facts supporting the request for adjustment;
specifically, statements alleging discriminatory, unreasonable, or
unfair charges.
B.
Determination.
As soon as practical, but not longer than 60 days after receipt of
request for adjustment, the Director shall make a determination concerning
the request for adjustment.
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The charge shall be deemed to be nondiscriminatory, reasonable,
and fair for a nonresidential user if at least 90% of the water supplied
to the premises on an annual basis enters a public sewer.
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The charge shall be deemed to be discriminatory, unreasonable,
or unfair if the wastewater characteristics of the discharger indicate
that the discharger should be assigned to a different discharger group,
as defined herein.
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During the course of the request the Director may visit and
inspect any building or premises involved in the proceedings, and
may there receive oral testimony of any witness.
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The findings of the Director may wholly, partially, conditionally,
approve or disapprove the requested adjustment. The decision of the
Director may be appealed to the City Council by filing a written notice
of appeal with the City Clerk within 10 calendar days of the Director's
decision. Fees for appeal shall be established by resolution of the
City Council.
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If it is determined that the charge is discriminatory, unreasonable
or unfair, the Director shall adjust the charge so that it is fair,
reasonable and nondiscriminatory. If the charge has already been paid,
the excess paid during the year immediately preceding the date of
application for adjustment shall be refunded. Charges which are delinquent
for more than 90 days shall not be subject to adjustment.
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(Ord. NS-143 § 5, 1991)
