Barstow Municipal Code Ch. 13.22 Sewer Use Charges

This chapter is adopted pursuant to section 11 of, article XI of the State Constitution and California Health and Safety Code § 5471 et seq.

(Code 1969, § 13.22.010; Ord. No. 374, § 1(part), 1972; Ord. No. 879-2011, § 1, 4-18-2011)

(1) Sewer user fee.

(a) Pursuant to section 13.22.020 of this Code, the city council hereby establishes the monthly user fee per sewer service unit (SU) to be:

(b) Residential sewer users shall be charged for one SU per dwelling unit per month.

(c) Low income discount. To apply for a sewer fee reduction for a single family owner occupied home the owner must provide a utility bill (i.e. gas, water, electric) which shows the owner is currently receiving a discount under the California Alternate Rate for Energy guidelines.

i. The documentation must be provided to the billing agent for the city and will be applied on the next billing cycle. It is the responsibility of the owner to update annually and notify the billing agent of any changes which may impact their eligibility.

(2) Non-residential user fee.

(a) Pursuant to section 13.22.020 of this Code, the city council hereby establishes the following user fee formula for determining the monthly sewer service units that will be charged to non-residential sewer users (excluding colleges/private schools/public schools and religious facilities) at the rate set forth in subsection (1) of this section:

i. SU = Q/225 x [0.457 + (BOD/200 x 0.255) + (SS/200 x 0.288)]

ii. In order to determine the BOD and SS figures to be used in calculating the number of sewer service units to charge non-residential sewer use fees (excluding Educational Institutions—Land Use Code 55 & 56; Religious Facilities—Land Use Code 54; and any user identified as a Significant Industrial User—See subsection (5) of this section), city staff shall utilize the following land-use category classification table:

1. In the event that a dispute arises between a non-residential user and city staff with regard to the land use category that the non-residential user should be classified for the purposes of determining BOD and SS, the following appeals procedure shall be used:

a. The non-residential user shall file a notice with the city manager seeking a review of city staff's decision. The city manager or his/her designee shall then meet with the non-residential user to review city staff's land use classification decision.

b. After considering all of the facts in the matter, the city manager or his/her designee shall make a final decision regarding the land use classification. The decision of the city manager or his/her designee shall be final.

iii. Actual water usage by each non-residential user shall be utilized for the purposes of calculating the average user water flow in gallons per day (the "Q" in the non-residential sewer service unit determination formula outlined in subsection (2)(a)(i) of this section). However, except for subsection (2)(a) and subsection (2)(a)(iii)(7), these provisions shall not apply to educational institutions (see subsection (3) of this section), religious facilities (see subsection (4) of this section) and significant industrial users (see subsection (5) of this section).

1. Before June 1 of each year, the city will obtain data from the water service provider for every non-residential user which identifies the actual amount of water used by each non-residential user during the prior calendar year from January 1 of the prior year through December 31 of the prior year.

2. Based on the data obtained from the water service provider for every non-residential user, the actual amount of water used by each non-residential user during the prior year will be converted in order to determine the average number of gallons of water used per day by each non-residential user.

3. The city will utilize the average number of gallons of water used per day during the prior year by each non-residential user as the "Q" in calculating the number of sewer service units to charge non-residential sewer users.

4. The city shall recalculate the number of sewer service units to charge each non-residential user utilizing the updated average number of gallons of water used per day (or the "Q") prior to June 1 of each year. In addition, the city shall inform each non-residential user in writing prior to June 1 of each year regarding how many sewer service units they will be charged in the upcoming year between July 1 and June 30.

5. Effective July 1 of each year, the city shall begin charging each non-residential user an updated number of sewer service units based on a recalculation of the average number of gallons of water used per day (or "Q") as described in subsection (2)(a) of this section.

6. In the event that a dispute arises between a non-residential user and city staff with regard to the amount of water the non-residential user is utilizing per day (or "Q"), the following appeals procedure shall be used:

a. The non-residential user shall file a notice with the city manager seeking a review of city staff's decision. The city manager or his/her designee shall then meet with the non-residential user to review how city staff determined the amount of water (or "Q") being used by the non-residential user.

b. After considering all of the facts in the matter, the city manager or his/her designee shall make a final decision regarding the amount of water (or "Q") being used by the non-residential user. The decision of the city manager or his/her designee shall be final.

7. The implementation of utilizing actual water use to determine the sewer service costs for non-residential users (including educational institutions, religious facilities, and significant industrial users) shall take effect on January 1, 2014. Each non-residential user shall have their sewer service costs for the period between January 1, 2014 through June 30, 2014, calculated based on the amount of water (or "Q") that was used during calendar year 2012. After this initial implementation period, the provisions of subsection (2)(iv) of this section shall apply as it relates to the annual recalculation of non-residential sewer service costs.

a. Any non-residential user (including educational institutions, religious facilities, and significant industrial users) that experiences an increase of 25 or more sewer units assessed per month as a result of transitioning to the actual water use methodology shall be eligible to have the increased rate phased in over a three year period, with the full actual water use rate required to be paid beginning in the fourth year. The phased in rate calculation shall be recalculated each year based on the non-residential users actual water use per the formulas as outlined below:

i. First Year Rate: the first year rate shall be determined by the following formula:

• Current Rate + [(1/4) * (New Rate 1. Current Rate)]

ii. Second Year Rate: the second year rate shall be determined by the following formula:

• Current Rate + [(2/4) * (New Rate 2. Current Rate)]

iii. Third Year Rate: the third year rate shall be determined by the following formula:

• Current Rate + [(3/4) * (New Rate 3. Current Rate)]

iv. Fourth Year Rate: the fourth year rate shall be the full rate as determined by the actual water use methodology.

1. In subsection (2)(iii)(7)(a)(i) through subsection (2)(iii)(7)(a)(iv) above, the following definitions shall apply:

• "Current Rate" means the number of sewer units assessed for the month of December 2013.

• "New Rate 1" means the number of sewer units that would be assessed each month of the First Year Rate based on actual usage.

• "New Rate 2" means the number of sewer units that would be assessed each month of the Second Year Rate based on actual usage.

• "New Rate 3" means the number of sewer units that would be assessed each month of the Third Year Rate based on actual usage.

b. Any non-residential user (including educational institutions, religious facilities, and significant industrial users) that experiences an increase of ten to 24 sewer units assessed per month as a result of transitioning to the actual water use methodology shall be eligible to have the increased rate phased in over a two-year period, with the full actual water use rate required to be paid beginning in the third year. The phased in rate calculation shall be recalculated each year based on the non-residential users actual water use per the formulas as outlined below:

i. First Year Rate: the first year rate shall be determined by the following formula:

• Current Rate + [(1/3) * (New Rate 1. Current Rate)]

ii. Second Year Rate: the second year rate shall be determined by the following formula:

• Current Rate + [(2/3) * (New Rate 2. Current Rate)]

iii. Third Year Rate: the third year rate shall be the full rate as determined by the actual water use methodology.

1. In subsection (2)(iii)(7)(b)i. through subsection (2)(iii)(7)(b)(iii). above, the following definitions shall apply:

• "Current Rate" means the number of sewer units assessed for the month of December 2013.

• "New Rate 1" means the number of sewer units that would be assessed each month of the First Year Rate based on actual usage.

• "New Rate 2" means the number of sewer units that would be assessed each month of the Second Year Rate based on actual usage.

8. Shopping centers (center) that have only one water meter will be assessed a minimum of one sewer unit per number of spaces within the Center and the property owner will be charged as fully occupied, unless the city building official deems the space uninhabitable. If a center has more than one water meter then the calculation will be done as outlined above, a sewer unit total for each specific meter will be conducted. A total sewer number will be issued to the property owner for each water meter. It will be the responsibility of the owner to determine how to distribute those sewer costs amongst the tenants.

(3) Educational institutions.

(a) Pursuant to section 13.22.020 of this Code, the city council hereby establishes that any non-residential sewer service user designated under Land Use Code 55 or 56 (Educational Institution) as defined in subsection (2)(ii) of this chapter shall be assessed a monthly user fee based on the number of students enrolled at the start of the prior school year per the following schedule:

(4) Religious institutions.

(a) Pursuant to section 13.22.020 of this Code, the city council hereby establishes that any non-residential sewer service account designated under Land Use Code 54 (religious institution/church/club/lodge) as defined in subsection (2)(a)(ii) of this section shall be assessed a monthly user fee based on actual water use per the following schedule:

(5) Significant industrial users.

(a) Significant industrial user (SIU) shall mean any sewer service user that meets any of the following conditions:

i. Any non-residential user that discharges industrial wastewater at an average rate of at least 25,000 gallons per day (gpd) to the Barstow Wastewater Treatment Plant (excluding sanitary, noncontact cooling, and boiler blowdown wastewater).

ii. Any non-residential user designated as a truck wash facility.

iii. Any non-residential user that contributes a process waste stream discharge which makes up five percent or more of the average dry weather hydraulic or organic capacity of the Barstow Wastewater Treatment Plant.

iv. Any non-residential user that is designated by the city manager or his/her designee that on the basis that the user has a reasonable potential for adversely affecting the Barstow Wastewater Treatment Plant or for violating any pretreatment standard or requirement.

(b) SIUs shall pay a monthly sewer service fee based on the formula established in subsection (2)(a) of this section. The sewer rate for SIUs shall be based upon the formula established in subsection (2)(a) of this section per the following guidelines as outlined below.

i. BOD and SS shall be measured and updated on a monthly basis per the following guideline:

1. In order to calculate actual measurements of BOD and SS, wastewater sampling shall be required on a monthly basis and all sampling activity shall occur on days when the discharge from the SIU is representative of normal and typical operations.

2. The SIU will be required to collect a composite sample over a 24-hour period each month using a portable refrigerated Isco sampler (or comparable equipment). In addition, the SIU will be required to provide the city with a split sample for both grab and composite samples collected.

3. Each SIU will be required to have the collected samples analyzed by a certified ELAP and/or NELAP laboratory.

4. Each SIU will be required to submit a report of all analyses performed on samples collected during a given month no later than the tenth day of the month following sample collection, If the tenth day of the month falls on a weekend or national holiday, the report of sample analyses shall be submitted on the first business day following the tenth of the month.

5. The BOD and SS values from the samples collected will be utilized for billing purposes.

6. If laboratory samples differ by +/- five percent on either the BOD or SS values between the SIU sample results and city sample results, the results will be averaged to determine the monthly BOD and SS values that will be used to calculate the monthly bill. If the results are within +/- five percent, the lowest sample results between the two laboratories will determine the BOD and SS values that will be utilized.

ii. In order to determine the average number of gallons of water used per day for each month (or "Q") by each SIU, the following guidelines shall be used:

1. The city shall obtain the actual amount of water used by each SIU every month (or "Q") for the purposes of determining the sewer bill.

2. To determine the amount of water used by each SIU every month (or "Q"), the city will either obtain the data in one of the following two ways:

a. From the SIUs water service provider. Either the SIU can provide or the city will obtain the actual metered water usage from the SIUs water service provider in order to determine the Q.

b. From a flow monitoring device. The SIU can install a flow monitoring device to determine the Q. If this option is elected, the flow monitoring device shall be installed and maintained by the SIU in the wastewater stream located at the discharge monitoring station. Prior to installation, both the installation location and the flow monitoring device must be approved by the city. The flow monitoring device must be capable of +/- five percent accuracy throughout the flow range and shall be calibrated by a certified technician on at least a quarterly basis. Copies of calibration reports shall be submitted to the city for review. Records of instantaneous wastewater flows (in gallons per minute) and daily totalized flows (in gallons) shall be provided to the city on a monthly basis, at the same time as monthly sample laboratory analyses are reported. The records of flows to be submitted to the city shall include copies of all instantaneous flow charts, as well as daily readings of the totalized discharge flow.

iii. In the event that a dispute arises between an SIU and city staff with regard to the either the BOD/SS values or amount of water the SIU is utilizing per day (or "Q"), the following appeals procedure shall be used:

a. The SIU shall file a notice with the city manager seeking a review of city staff's decision. The city manager or his/her designee shall then meet with the SIU to review how city staff determined the BOD/SS values and/or the amount of water (or "Q") being used by the SIU.

b. After considering all of the facts in the matter, the city manager or his/her designee shall make a final decision regarding the BOD/SS values and/or the amount of water (or "Q") being used by the SIU. The decision of the city manager or his/her designee shall be final.

(Code 1969, § 13.22.020; Ord. No. 374, § 1(part), 1972; Ord. No. 406, § 1, 1975; Ord. No. 513, § 1, 1983; Ord. No. 575, § 1, 1987; Ord. No. 590, § 1, 1988; Ord. No. 600, § 1(part), 1989; Ord. No. 629, § 1, 1990; Ord. No. 754, § 1, 2000; Ord. No. 822, § 1, 2007; Ord. No. 874-2011, § 1, 3-21-2011; Ord. No. 874A-2011, § 1, 3-21-2011; Ord. No. 918-2013, §§ 1—5, 11-18-2013; Ord. No. 935-2015, § 1, 8-3-2015; Ord. No. 962-2019, § 6, 11-4-19)

Utility fees are those fees derived from the sum of sewer user fees as set forth in section 13.22.020, sewer fee penalties as set forth in section 13.22.050, garbage collection fees as set forth in section 6.20.080, and garbage collection fee penalties as set forth in section 6.20.083.

(Code 1969, § 13.22.030; Ord. No. 374, § 1(part), 1972; Ord. No. 590, § 2, 1988)

(a) The sewer use fee, including any applicable penalties and collection costs, shall be a civil debt owing the city from the person subject to the fee.

(b) If an invoice for the sewer use fee established by this chapter is unpaid after the due date, a penalty of ten percent shall be charged, and an additional one percent per month shall be charged until the charges, penalties, and all collection costs are paid in full.

(c) If court action is taken to enforce nonpayment of sewer use fees, the user shall pay all reasonable attorney's fees and costs incurred by the city.

(d) In addition to any other remedies provided for herein, should an invoice for the sewer use fee established by this chapter be unpaid after the due date, the user is responsible for all amounts incurred by the city to disconnect and restore sewer service.

(e) An owner of vacant property which does not use water service may request an exemption from the billing for the period of time the property was vacant, pursuant to the procedure set forth in subsection (1)—(4) below. For the purposes of this subsection, "vacant property" means any property that is (a) undeveloped, or (b) unoccupied by any person for a period of at least 30 days preceding the request for exemption. Unauthorized occupancy is not sufficient to relieve the property owner from being billed for sewer service.

(1) An owner seeking an exemption for vacant property shall submit a written request for the exemption to the city manager or designated representative within 30 days of the last day of the preceding billing cycle. The owner of the property shall have the burden of demonstrating with sufficient evidence that the property is a "vacant property." Sufficient evidence shall be in the form of written documentation from the water utility provider showing that the property has used zero Centum Cubic Feet (CCF) of water for each month during the period for which an exemption is sought.

(2) If the exemption is granted, the city manager or designated representative shall provide notice to both the owner and the city's billing office, which shall state that the exemption shall only be effective for the period of time for which the vacancy was established.

(3) An exemption may be granted for a maximum period of one year upon proof that the property has been a vacant property for a period of 12 months preceding the date of request on current accounts only.

(4) Thirty days prior to the expiration of the annual exemption, a notice will be sent to the property owner. Billing for service will resume unless the owner requests a new exemption for a vacant property following the procedures set forth in subsection (e)(1)—(3) above or unless the property is undeveloped or deemed uninhabitable by the city building department.

(5) Nothing in this subsection shall relieve a person from the payment of the sewer rates imposed for use of the services provided by the city if and when the property is no longer vacant.

(Code 1969, § 13.22.050; Ord. No. 374, § 1, 1972; Ord. No. 548, § 1, 1985; Ord. No. 590, § 3, 1988; Ord. No. 600, § 1(part), 1989; Ord. No. 757, § 3, 2000; Ord. No. 851-2009, § 3, 6-1-2009; Ord. No. 968-2020, § 17, 10-19-2020; Ord. No. 984-2021, § 32, 12-6-2021)

(a) Any fees authorized pursuant to this chapter which remain unpaid after the delinquent dates as set forth in section 13.22.050 may be collected thereafter by the city as provided in this section.

(b) The city council shall cause a report of delinquent utility fees to be prepared periodically. The city council shall fix a time, date and place for hearing the report and any objections or protests thereto.

(c) The city council shall cause notice of hearing to be mailed to the landowners listed on the report not less than 15 days prior to the date of the hearing.

(d) At the hearing, the city council shall hear any objections or protests of landowners liable to be assessed for delinquent fees. The city council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(e) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees, penalties and costs incurred by the city as authorized by this chapter. A certified copy of the confirmed report shall be filed with the city clerk, or auditor appointed by the city council, for amounts of the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as other property taxes and penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such assessment.

(Code 1969, § 13.22.060; Ord. No. 374, § 1(part), 1972; Ord. No. 391, § 1, 1974; Ord. No. 590, § 4, 1988; Ord. No. 851-2009, § 4, 6-1-2009)

All monies received from the collection of the sewer use charges established in this chapter shall be controlled and used only as permitted by Health and Safety Code § 5471.

(Code 1969, § 13.22.070; Ord. No. 374, § 1(part), 1972)

(a) Any person connecting premises to the wastewater collection system of the city shall first pay a connection fee in accordance with the schedule of charges, as may be set from time to time by the city council, in addition to any other fees or charges required by the building and plumbing codes of the city and by this chapter. Any person who has previously paid for construction of sewer facilities (excluding local street sewers or lateral connections) for premises located within a special sewer assessment district or reimbursement district shall not be required to pay an additional connection fee for connecting such premises to the city's wastewater collection system.

(b) The city council hereby establishes the amount of the connection fee for connection to the city's wastewater collection system as $1,500.00 per service unit.

(c) The number of service units attributable to any individual user shall be calculated using the following formula:

S.U. = Q/225 × [0.457 + (BOD/200 × 0.255) + (SS/200 × 0.288)]

Where:

S.U. = Service units

SS = Average user suspended solids value in mg/l

Q = Average flow in gallons per day

BOD = Average user biochemical oxygen demand value in mg/l

The average flow (Q) for a residential unit shall be 225 gallons per day. Average flow (Q) for all other users shall be based on typical water usage, as determined by the city, for that user's land use category, development, or activity. A user may request that their fee be based on actual water usage during the previous 12 months of water billings for the user, so long as:

(1) The user has been in operation for at least 12 months; and

(2) At least 12 months of usage data is made available to the city by the sewer customer's water supplier.

a. No user shall be assigned less than one service unit.

(d) For purposes of calculating the number of service units pursuant to subsection (c) of this section, the average user biochemical oxygen demand (BOD) and average user suspended solids (SS) values for various land uses are assumed to be as follows:

(1) Other wastewater characteristics, such as chemical oxygen demand (COD), total dissolved solids (TDS), and total solids (TS), may be utilized in lieu of BOD and SS if the city determines that these characteristics are more representative of a user's wastewater. TS is the sum of TDS and SS.

(2) For users which do not fall into any of the above categories, a fee shall be determined by the city manager based on the best information available as to quality and quantity of wastewater discharged into the collection system. The city manager's fee determination shall be approved by the city council.

(3) The city council shall review the sewer connection fees annually and consider any increase in accordance with the consumer price index (CPI) for Riverside San Bernardino Ontario Standard Metropolitan Statistical Area (U.S. Department of Labor) or higher in subject to applicable law.

(Code 1969, § 13.22.080; Ord. No. 754, § 4, 2000; Ord. No. 829, § 1, 2007; Ord. No. 875-2011, § 1, 3-7-2011; Ord. No. 962-2019, § 6, 11-4-2019)