Arvin Municipal Code Art. III Sewer Service Charges

The city is authorized to adopt, by ordinance, regulation, or both, sewer service charges in accordance with section 204 (b)(1)(A) of the Act, 40 CFR § 35.939-3, section 307(b) and (c) of the Act, and 40 CFR § 403.0.

(Ord. No. 382, 2009).

The annual sewer service charge for use of the wastewater collection, conveyance and treatment facilities, whether the premises are located within or outside of the city, must be designated in the master fee resolution.

(Ord. No. 382, 2009).

The following provisions will be applied when appropriate in determining charges for sewer services and responsibility:

A. Any person charged for sewer service may, upon request to the city manager, have his sewer service charges calculated pursuant to, and subject to, the conditions set forth as follows:

1. The quantities of wastewater produced (discharged) may be determined by use of an effluent wastewater flow meter which has flow totalizing capability, and is installed and maintained at the expense of the owner/occupant of the premises and approved by the city manager;

2. If an effluent wastewater meter is not used, the city may establish appropriate guidelines to determine the wastewater discharged from a property. The guidelines established by the city shall be conclusive and not subject to appeal. Such determinations are effective for no more than one (1) year. Where such guidelines are used to determine the volume of wastewater produced by any premises, instead of by measurement of an installed effluent wastewater meter, the owner or occupant of such premises, shall be assessed the cost incurred by the city to develop the original guidelines and each subsequent annual discharge estimate. The city may establish, in the master fee resolution, a minimum charge for developing these guidelines and calculating the annual discharge estimate;

3. In lieu of the above, public and parochial schools may be charged for sewer service on the basis of average daily attendance as designated in the master fee resolution, provided the premises so charged for sewer service are used exclusively for school purposes with no residential uses thereon. Such charges are calculated on an annual basis, based on the previous school year's attendance divided by twelve to determine the monthly rate.

B. Where two (2) or more users are located on the same premises and each has a separately metered water service, the sewer service charge is calculated and billed in the same manner as if each user were located on a separate premise.

C. Where several users are served with a single metered water service and sewer service charges for one (1) or more of such users is based upon the volume of potable water delivered to such user, a single service charge is made, based upon the total volume of water delivered through such meter, which charge is the responsibility of the water service customer.

D. Where a single business occupies contiguous premises served by more than one metered water service, and sewer service charge for such use is based upon the volume of potable water delivered to such user, a separate sewer service charge will be made for the water used through each meter.

E. Where there are mixed commercial and residential users on the same premises and the commercial use has separate sewer facilities to serve employees or customers, the sewer service charge will be as specified in this section for the residential user, plus the monthly sewer service charge referred to in this article and designated in the master fee resolution for the commercial use.

F. Where there are mixed commercial and residential uses on the same premises and the commercial use does not have separate sewer facilities to serve employees or customer, the sewer service charge is calculated based upon the highest economic use.

G. Upon annexation to the city, property which has been connected to the city sewer without payment of sewer construction fees, sewer connection fees, lateral sewer charges, oversize sewer charges, house branch sewer charges, and/or other related sewer construction and connection charges imposed by the city codes, will be due and payable to the city. Until such charges have been paid, the property will continue to be assess sewer use fees prescribed for sewer service outside the city limits.

(Ord. No. 382, 2009).

Whenever special disposal sites are constructed, the city may allow the disposal therein of the contents of trucks designed and used for the pumping out and removal of waste from septic tanks and chemical toilets. The city is authorized to enter into agreements with septic waste disposal companies regulating such disposal, and providing for charges to recover the cost of the sites and other city expenses including wastewater treatment at the rates designated in the master fee resolution.

(Ord. No. 382, 2009).

While any premises connected to the sewer system are vacant, the regular minimum sewer charge will be payable for such premises by the owner thereof, whether or not sewer service is used, if water is connected to or available for use on the premises, unless such premises are physically disconnected from the sewer system. Applications for determination by the director of public works that the premises have been physically disconnected from the sewer system will be made to the city accompanied by the disconnection inspection fee designated in the master fee resolution. Premises so disconnected will not be reconnected to the city's sewer system by any person except with permission of the director of public works. If approval for reconnection to the sewer system is desired, an application for reconnection must be filed with the city, accompanied by the reconnection inspection fee designated in the master fee resolution.

(Ord. No. 382, 2009).

A. Definition of "High Strength Discharges". Discharges from commercial and/or industrial production processes that meet one or more of the following criteria:

1. Biochemical oxygen demand concentration greater than two hundred sixty-five (265) milligrams per liter (>256 mg/L BOD);

2. Total suspended solids concentration greater than three hundred (300) milligrams per liter (>300 mg/L TSS);

3. Daily volume of discharge (daily flow) in excess of twenty-five thousand (25,000) gallons per day (>25,000 gpd); or

4. Any other pollutant discharged to the city's sewer system that is identified by the city as requiring additional treatment resulting in an increase in the cost of treatment to the city.

B. Determination of "High Strength Discharges". The city determines the strength for billing purposes by using one of the following methods:

1. Average Pollutant Concentration. The city calculates the average of the pollutant concentrations measured during the billing period. A minimum of four (4) samples must be used to determine the pollutant concentrations for determination of high strength discharges. If fewer than four (4) samples are collected and analyzed during the billing period, the city may use the most recent four (4) analytical results for the parameter collected within the previous six (6) months. If more than four (4) samples were collected and analyzed for the parameter during the evaluation period, all results will be used for determining the average pollutant concentrations.

2. Analytical Methods. All analytical methods must conform to analytical methods specified in this CHAPTER and approved under 40 CFR §§ 136 et seq.

3. Flow Measurement. All dischargers routinely discharging in excess of twenty-five thousand (25,000) gallons per day of process wastewater must install effluent flow meters approved by the city.

(a) High strength discharge determinations must use the measurements of the effluent flow meter.

(i) When an effluent flow meter is required, the discharger must submit detailed plans showing the operation and proposed installation of the effluent meter to the city engineer for approval before installation of the equipment. Any subsequent changes in sampling or metering site, type of meter or other monitoring equipment must be reported to the city engineer for prior approval.

(b) The discharger is responsible for the costs associated with the procurement, operation and calibration of the effluent flow meter, and sampling manholes.

(c) The discharger is responsible for daily reading, recording and reporting of the volume of discharge to the city.

(d) If the discharger is not required to install an effluent flow meter due to low volume discharges, the city may use the water supply flow meter measurements to determine high strength discharge charges. The city must maintain the accuracy of the water supply flow meter and conduct all water supply flow meter readings.

(e) Effluent flow meters used for the measurement of high strength discharges must be calibrated annually, and must measure the discharge within plus or minus ten percent (±10%) of the actual volume of the discharge, and must measure the volume of discharge in gallons per day.

4. The city may require additional testing to determine the average pollutant concentration for high strength discharge charge assessment, if in the opinion of the city more tests are required due to the variability in the discharges being monitored.

5. The discharger is responsible for the costs associated with the sample collection and analysis for determining high strength discharges.

(Ord. No. 382, 2009).

Failure to pay sewer service charges is a violation of this chapter and subject to the provisions of Chapter 1.08, Section 1.08.010 and Chapter 1.12, Sections 1.12.010, 1.12.020 and 1.12.030 of this code.

(Ord. No. 382, 2009).