This chapter provides for:
1.
Charges
for use of District sewerage facilities which provide for operating
costs for such facilities;
2.
A fee
for annexing territory to the District;
3.
A charge
for the construction of service connections; and
4.
A fee
in lieu of collector sewer construction.
(SCC 508 § 1, 1982; SCC
0724 § 1, 1988; SCC 0835 § 1,
1991)
Unless the context specifically indicates otherwise, the meaning
of terms used in this ordinance shall be as defined below. Terms relating
to wastewater quality are further defined in the latest edition of
Standard Methods for the Examination of Water and Wastewater, published
by the American Public Health Association, the American Water Works
Association, and the Water Pollution Control Federation.
1.
"Building
sewer" means that part of the sanitary sewer system which receives
discharge from soil and waste pipes in a building and conveys it to
the junction with the service sewer at the lot property line or sewer
easement line.
2.
Collector
sewer" means a sanitary sewer (including pumping facilities and in-line
facilities appurtenant thereto) designed to carry less than one million
gallons per day (mgd) peak wet weather flow (PWWF) and receiving wastewater
directly from other such collector sewers or service sewers; or any
sanitary sewer which services only one user.
3.
"Combined
sewer" means a sewer which serves the purpose of both a sanitary sewer
and a storm sewer.
4.
"Commercial
user" means any nonresidential user that the Engineer determines does
not meet the definition of an industrial user.
5.
"Condominium"
means any individually owned family dwelling unit collocated with
one or more other such units in the same structure.
6.
"Connection
charge" means the total of all fees and charges due prior to the time
of connection to the sewerage system.
7.
"Connection
permit" means a written authorization to make a specific connection
to the Maintenance District Facilities.
8.
"Connection
systems" means all facilities maintained by a contributing agency
for collecting, pumping, conveying, storing and controlling wastewater,
excluding interceptor sewers.
9.
"Contributing
agency" means any public entity other than Sacramento County that
is party to the Master Interagency Agreement and contributes wastewater
from its system to the Regional District's sewerage system.
10.
"Diameter
inch-miles" means product of sewer diameter expressed in inches times
its length expressed in miles. "Diameter inch-miles" allocable to
a user is the prorata portion of each pipeline used to convey the
user's wastewater.
11.
"District."
See "Maintenance district."
12.
"Domestic
wastewater" means wastewater originating from residential sources
or from sanitary devices in industrial or commercial establishments.
13.
"Easement"
means an acquired legal right to the exclusive or joint use of a defined
portion of land for construction or maintenance of sewers.
14.
"Engineer"
means the Director of Public Works of Sacramento County, or a designated
representative, acting ex-officio as Engineer for the District.
15.
"Equivalent
single family dwelling (ESD)" means a parameter used to equate expected
sewage discharge from a single family detached residential dwelling.
For purposes of calculating design sewage discharges, one single family
dwelling equals 400 gallons/day (12,000 gallons/month) at average
dry weather flow rates.
16.
"Federal
Act" means the Federal Water Pollution Control Act, PL 92-500, and
amendments thereto; as well as regulations and standards promulgated
by the Environmental Protection Agency (the EPA), or successor, pursuant
to the Act.
17.
"Fiscal
year" means the year beginning July 1 and ending June 30.
18.
"Garbage"
means solid wastes from preparation, cooking, and dispensing of food,
and from handling, storage and sale of food products.
19.
"Improvement
standards" means improvement Standards of the County of Sacramento.
20.
"Industrial
user" means any user which meets one or more of the following criteria:
a.
Discharges 25,000 gallons or more of wastewater per day (after excluding
the domestic portion of the discharge).
b.
Discharges wastewater to a POTW which contains hazardous materials
in sufficient quantity either singly or by interaction with other
wastes, to constitute a potential hazard to humans or animals, to
potentially cause interference or create a public nuisance, or create
any hazard in or have an adverse effect on the waters receiving any
discharge from the treatment works.
c.
Is subject to EPA categorical pretreatment standards, or any pretreatment
standards set by the State of California.
21.
"Industrial
waster" means the waterborne waste and wastewater from any industrial
user.
22.
"Infiltration"
means groundwater which enters sewers.
23.
"Inflow"
means storm and other surface waters which enters sewers.
24.
"Interceptor
sewer" means any existing sewer and in-line treatment facilities appurtenant
thereto including pumping facilities, and any future sanitary sewers
which meet either of the following criteria:
25.
"Maintenance
district" means any sewer maintenance district of the County of Sacramento.
26.
"MG"
means million gallons.
27.
"MGD"
means million gallons per day.
28.
"MGD-MILES"
means peak flow expressed in million gallons per day multiplied by
the distance that flow travels in the collection system.
29.
"MMF"
means wastewater flow occurring during the maximum month of the preceding
12-month period.
30.
"Multiple-family
dwelling" means duplexes, triplexes, quadplexes, apartments, mobile
homes and condominiums, townhouses and individual dwelling units within
a planned unit development.
31.
"Nuisance"
means that which is injurious to health, or offensive to the senses,
or an obstruction to the free use of property so as to interfere with
comfortable enjoyment of life or property.
32.
"Person"
means any individual, firm, company, association, society, partnership,
corporation, organization, group or public agency.
33.
"Premises" means
a parcel of real property, or portion thereof including any improvement
thereon, which is determined by the Engineer to be a single unit for
purposes of receiving, using, and paying for sewage disposal service.
In making this determination, the Engineer shall take into consideration
such factors as whether the unit could reasonably be subdivided, number
and location of service sewers, and whether the unit is being used
for a single activity and, if not, what the principal activity is
for sewage disposal services, but in any case, the Engineer's determination
shall be final.
34.
"Public
agency" means the United States Government or any department or agency
thereof; the State of California or any department or agency thereof;
and city, county, town or any of their departments or agencies; or
any other legal district, entity or entities; or any combination of
the foregoing.
35.
"Public
sewer" means any sanitary sewer located within an easement or public
right-of-way which is maintained by a public agency.
36.
"Residential
user" means a user whose premises are used solely for nontransient
human habitation.
37.
"Sanitary
sewer" means a sewer which carries sewage or industrial wastes and
to which inflow and infiltration are not permitted.
38.
"Service
sewer" means the extension of the building sewer from the lot property
line or sewer easement line to the public sewer.
39.
"Sewage"
means the wastewater derived from human habitation and use of buildings
for residential, institutional, or commercial purposes, excluding
stormwaters and industrial waste.
40.
"Sewer"
means a pipe or conduit (and including pumping facilities and in-line
treatment and control facilities appurtenant thereto) which receives
and carries wastewater.
41.
"Sewerage
system" means all facilities for collecting, pumping, conveying, controlling,
treating, storing, and disposing of wastewater.
42.
"Single-family
dwelling" means any detached residential premises designed to house
one family.
43.
"SS,"
denoting "suspended solids" means solids that either float on the
surface of, or are in suspension in, wastewater and which are largely
removable by standard laboratory filtration procedures.
44.
"Storm
sewer" means a sewer that carries stormwater and surface water, street
wash and other wash waters, or drainage, but excludes sewage and industrial
wastes.
45.
"Street"
means any public highway, road, street, avenue, way, alley, or right-of-way.
46.
"Suspended
solids." See "SS."
47.
"Trunk
sewer" means a sanitary sewer other than an interceptor sewer (including
pumping facilities and in-line facilities appurtenant thereto), designed
to carry between 1 mgd and 10 mgd peak wet weather floor (PWWF) and
receiving wastewater from two or more different users.
48.
"User"
means any person discharging sewage or industrial waste to the District
sewerage system. Includes commercial, industrial, and residential
users, as defined herein.
49.
"Waste"
includes sewage and any and all other waste substances, liquid, solid,
gaseous, or radioactive, associated with human habitation, or of human
or animal origin, or from any commercial, producing, manufacturing,
or processing operation of whatever nature.
50.
"Wastewater"
means all wastes and waters which enter and are conveyed in the sewerage
system.
(SCC 508 § 1, 1982; SCC
627 § 1, 1985; SCC 0724 § 1,
1988; SCC 0835 § 1, 1991)
1.
Sewer
Use Charge. All users of District sewerage facilities shall pay to
the District, as fees for use of such facilities, Sewer Use Charges,
in accordance with the schedule included in this section.
2.
Billing
Period. Except as provided herein, the Sewer Use Charge will be billed
bimonthly, one month in advance and one month in arrears. It shall
become due and payable on the first day of the second month of the
billing period and shall become delinquent 45 days thereafter.
3.
Billing
Basis. Billing shall be based on the wastewater characteristics of
the user as determined by the Engineer.
4.
Opening
Bills. Opening bills shall be based on estimated flow and characteristics
based on past experience with the type of waste involved, information
supplied on the Sewer Use Permit, and such additional information
as may be available to the Engineer. Billing shall commence on the
date the premises are suitable for occupancy. This shall normally
be considered to be 90 days after the premises are connected to the
public sewer system; however, the Engineer is empowered to vary the
date that the premises are considered suitable for occupancy based
on a reasonable interpretation of information obtained from public
records or field inspection. The Engineer may also initiate billing
based upon a request for other utility services to the premises, or
notification from owners or occupants that the structure is completed.
In all cases, opening bills shall be to the owner of record of the
property as of the date the property is considered suitable for occupancy.
5.
Adjustments.
Adjustment of charges will be made at each billing, when appropriate.
Any amount paid in excess of the actual computed charge shall be credited
against the charge for the succeeding billing period. Any deficiency
in the amount paid and the actual computed charge shall be added to
the charge for the succeeding billing period. No deficiencies or credits
will be made for a period more than three years prior to the date
the Engineer determines that a billing discrepancy exists, except
as authorized in Section 7.
6.
Reasons
for Adjustments. The Engineer may adjust billing or grant rebates
for the following reasons:
7.
Vacancy
Credits. Vacancy credits will not be allowed after billing has been
initiated except as follows:
a.
Apartments.
First year of occupancy—50% vacancy credit
Second year of occupancy—25%t vacancy credit
If vacancy varies extensively from that indicated above, an adjustment reflecting a billing credit or deficiency may be made by the Engineer in accordance with Section 15.05.030(5).
b.
Mobile
Homes. Mobile homes premises will be billed according to the following
schedule:
|
Park Occupancy at Beginning of Fiscal Year, Percent
|
Credit, Percent
|
|---|---|
|
0-9
|
90
|
|
10-24
|
75
|
|
25-39
|
60
|
|
40-54
|
45
|
|
55-69
|
30
|
|
70-84
|
15
|
|
85-100
|
0
|
In no billing period shall the vacancy credit be greater
than that in the preceding period.
c.
Structure
Unsuitable for Occupancy. The Engineer shall utilize the authority
granted him in Section 3.6 above to grant vacancy credit for periods
in which a building previously determined suitable for occupancy loses
that status because of fire, damage or other causes if the structure
is actually unoccupied.
d.
Unit
of Billing. For each parcel of real property there shall be only one
unit for purposes of billing for the receipt and use of sewage disposal
services. In no case shall a parcel of real property be divided into
smaller units for purposes of such billing.
8.
Billing to Owner. All sewer Use Charges will be billed to the owner of record of the property as of the date the premises are deemed suitable for occupancy, as determined from Section 15.05.030(4) above, to the successor in interest to such person, or to such person's single designee. All requests to bill a party other than the owner of record must be made in writing to the Engineer by the party to be billed. The Engineer will notify the owner of record when the billing is changed to comply with such a request.
9.
Delinquency Penalty. Any sewer use charge unpaid at the end of 45 days, when it becomes delinquent as designated in Section 15.05.030(2) of this section, shall incur an added penalty charge of 10% of the amount that has become delinquent. The delinquent amount, including the 10% penalty charge, shall thereafter incur an added penalty charge of one and one-half percent per month until paid or placed on the annual tax bill. If collected with taxes, the total of delinquent amount plus penalties will incur an additional 10% lien penalty.
10.
Disconnection
for Failure to Pay. Failure to pay the Sewer Use Charge within 30
days after it becomes delinquent shall make the premises subject to
disconnection from the public sewer. However, such disconnection shall
not be made in less than 10 days after mailing of a written notice
by registered mail to the property owner. The owner shall pay the
actual cost for reconnection, but not less than $25.
11.
Lien.
Each Sewer Use Charge and penalties levied pursuant to this ordinance
are hereby made a lien upon the property served, and any proceeding
authorized by law to enforce payment of such lien may be taken by
the District to enforce the payment of such charge.
12.
Schedule
of Rates.
a.
Residential Users. Single-family dwelling—The monthly charge
for a single-family dwelling shall be $14.50.
Multiple-family dwelling—The monthly charge for multiple-family
dwellings shall be $10.90.
b.
Commercial Users. The monthly charge for commercial users shall be
$14.50 multiplied by the factors shown below.
1.
Rate Table
|
Enterprise Category
|
Factor
|
|---|---|
|
Auto Dealerships
|
0.2 per 1000 sq. ft. of gross floor area
|
|
Bakeries
|
0.5 per 1000 sq. ft. of gross floor area
|
|
Banks and Financial Institutions
|
0.3 per 1000 sq. ft. of gross floor area
|
|
Barber and Beauty Shops
|
0.1 for each barber or beautician chair
|
|
Bars
|
0.7 per 1000 sq. ft. of gross floor area
|
|
Bowling Alleys (including eating facilities)
|
0.4 for each bowling lane
|
|
Car Washes
|
|
|
a. Automatic
|
1.0 per 12,000 gallons water used each month
|
|
b. Self-service
|
0.7 for each washing stall
|
|
Dry Cleaners
|
1.7 per 1000 sq. ft. of gross floor area
|
|
Fire Stations
|
1.0 per station
|
|
Garages
|
0.1 for each service bay
|
|
Halls, Lodges and Auditoriums
|
0.3 per 1000 sq. ft. of gross floor area
|
|
Health Studios and Gymnasiums
|
0.3 per 1000 sq. ft. of gross floor area
|
|
Hospitals
|
1.0 per 12,000 gallons water used each month
|
|
Hotels and Motels
|
0.3 for each sleeping room
|
|
Laundries
|
|
|
a. Self-service
|
0.5 for each laundry machine
|
|
b. Commercial & Industrial
|
1.0 per 12,000 gallons water used each month
|
|
Markets
|
|
|
a. With Garbage Disposal Units
|
0.6 per 1000 sq. ft. gross floor area
|
|
b. Without Garbage Disposal Units
|
0.2 per 1000 sq. ft. gross floor area
|
|
Medical and Dental Offices (including eating facilities)
|
0.4 per 1000 sq. ft. gross floor area
|
|
Mortuaries
|
0.8 per each slumber room
|
|
Office Buildings (public & private including eating facilities)
|
0.2 per 1000 sq. ft. gross floor area
|
|
Parks
|
1.0 per comfort station
|
|
Places of Worship including residences
|
0.2 per 1000 sq. ft. floor area
|
|
Rest and Convalescent Homes, Boarding Houses, Fraternities,
Sororities, Convents, Dormitories, etc.
|
0.3 for each bed
|
|
Restaurants
|
|
|
a. Dine-on
|
2.0 per 1000 sq. ft. gross floor area
|
|
b. Take-Out
|
1.7 per 1000 sq. ft. gross floor area
|
|
c. Dine-on & Take-Out
|
1.9 per 1000 sq. ft. gross floor area
|
|
Retail Stores
|
0.2 per 1000 sq. ft. gross floor area
|
|
Schools
|
|
|
a. Primary
|
1.4 per 100 average daily attendance
|
|
b. Secondary
|
1.8 per 100 average daily attendance
|
|
c. Colleges & Universities
|
1.0 per 12,000 gallons of water used each month
|
|
Service Stations
|
0.1 for each gas pump
|
|
Theaters
|
0.3 per 100 seats
|
|
Used Car Lots
|
0.2 per 10 fixture units
|
|
Warehouses
|
0.1 per 100 sq. ft. gross floor area
|
|
Nondefined Commercial
|
1.0 per 12,000 gallons water used each month
|
2.
Application of Categories—The Engineer shall determine which
enterprise category will be applied to a commercial user not adequately
identified above.
3.
Rates Related to Water Use—Shall be based on metered water
usage or use estimated by the Engineer for the average of the preceding
fiscal year. Adjustments shall be made for consumptive water use when
deemed appropriate by the Engineer.
4.
Enterprises with multiple functions shall pay according to the factors
shown for each applicable category, except that bowling alleys, medical
and dental offices, office buildings, and public agencies will not
be charged separately for eating establishments on the premises.
5.
The minimum monthly charge for a commercial user or for a vacant
commercial property shall be $14.50.
c.
Industrial Users. The monthly charge for industrial users shall be
computed by the Engineer using the following formula:
Monthly charge = $123.25 x Diameter inch-miles of collection
system used. The basis of the charge is flow on the average day in
the maximum month of discharge.
(SCC 508 § 1, 1982; SCC
637 § 1, 1985; SCC 0724 § 1,
1988; SCC 0835 § 1, 1991)
Unless specifically exempted by the District Board, the owners
of territory proposed to be annexed to the District shall pay an annexation
fee in the amount determined by the County Engineer which shall be
due prior to or at the time their property is annexed.
(SCC 508 § 1, 1982; SCC
0724 § 1, 1988; SCC 0835 § 1,
1991)
1.
Rates
and Adjustments. Charges for the construction by the District of service
sewers, manholes, taps, and connections to existing sewers and manholes
shall be as shown in Schedule I of this Ordinance until February 29,
1992. On March 1, 1992 and each succeeding March 1 thereafter, the
Engineer shall determine a new Schedule I according to the following
criterion:
On January 1 of each year the District Engineer shall review
the Engineering News Record construction costs index (ENRCCI). The
January ENRCCI for 20 cities and the index for San Francisco will
be averaged. When the average index thus computed differs from 5413,
a factor shall be applied to Schedule I. Said factor shall be equal
to the ratio of the current 20 cities/San Francisco average index
divided by 5413.
The rates shown in Schedule I, as such schedule exists on March
1, 1992, shall be multiplied by said factor to determine the new rates.
The rates shall be rounded off to the nearest $10 or nearest dollar,
if less than $30. Such revised Schedule I shall be published and shall
become effective March 1 of each year, beginning with March 1, 1992.
Copies of the revised Schedule I shall be available in the office
of the Engineer.
2.
Difficult
Construction Conditions. The Engineer may adjust any of the rates
in Schedule I if unusual construction conditions are encountered (e.g.
depth, length, or soil conditions).
(508 § 1, 1982; SCC 0724
§ 1, 1988; SCC 0835 § 1, 1991)
Each property owner is responsible for the installation of a
sewer across the property frontage. Where the Engineer determines
that a property owner has not fully participated in the cost of constructing
such sewer, District shall impose a fee in-lieu of such construction
as provided in this section.
1.
Rate.
The normal in-lieu fee shall be $12.00 per frontage foot unless otherwise
established by a reimbursement agreement or unless connection is made
to a District-financed sewer, as hereinafter set forth. The Engineer
may adjust the rate where necessary in order to achieve an equitable
distribution of costs for sewer service, such as where documentation
has been furnished that alternate facilities could be constructed
for an amount less than the normal in-lieu fee.
2.
Reimbursement
Agreement. If a sewer is constructed such that it will benefit properties
other than those funding the construction, the District shall enter
into a reimbursement agreement with the party funding the construction
to reimburse said party the prorata cost of that portion of the construction
which benefits such other non-participating properties. In such case,
the in-lieu fee applicable to non-participating properties connecting
to the sewer covered by said agreement shall be as therein specified.
For purposes of this ordinance, the cost of construction shall be
the amount of the low bid plus a 10% allowance for engineering, administration,
and inspection. The following shall be considerations in the reimbursement
agreement.
a.
The
time limit on said agreements shall be 15 years from the date of approval
by the District.
b.
Should
an in-lieu fee other than the normal $12.00 be agreed to by the Engineer,
that rate must be set forth at the time said agreement is approved.
c.
The
estimated cost to the District in administering the agreement shall
be deducted from the amount to be reimbursed. This cost is established
at $250 for agreements in the amount of $10,000 or less and $500 for
agreements in excess of $10,000. This amount shall be deducted from
the initial reimbursement.
d.
A
minimum of three bids must have been received for the construction
being considered for reimbursement.
e.
Reimbursement
agreements will be applied to sewer construction regardless of whether
it benefits non-participating construction. However, if the sewer
is located such that properties subject to the in-lieu fee will realize
excessive construction costs in connecting to the sewer, such costs
shall be a consideration in determining the amount to be reimbursed
and the resulting in-lieu fee.
3.
Unusual
Circumstances. The County Engineer may adjust the rate where necessary
in order to achieve an equitable distribution of costs for sewer service.
4.
Frontage.
On properties of normal size and shape, the frontage shall be the
length of the property measured along the public right-of-way. On
properties of irregular size and shape, the frontage dimension shall
be adjusted to correspond to a similar property of normal size and
shape.
(508 § 1, 1982; SCC 0724
§ 1, 1988; SCC 0835 § 1, 1991)
The Engineer is hereby charged with enforcement of the provisions
of this ordinance.
If the Engineer determines that a period of vacancy credit or
a period of minimum charge has been authorized based upon a statement
from the owner found subsequently to be false or misleading, or if
the owner fails to notify the Engineer when such conditions have terminated,
the Engineer may back-charge the property at its full authorized rate
for the entire period during which the credit was authorized.
(508 § 1, 1982; SCC 0724
§ 1, 1988; SCC 0835 § 1, 1991)
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, the remainder of the
chapter or the application of such provision to other persons or circumstances
shall not be affected thereby.
All code sections or resolutions or parts of code sections or
resolutions in conflict herewith are hereby repealed.
(508 § 1, 1982; SCC 0724
§ 1, 1988; SCC 0835 § 1, 1991)
