Berkeley Municipal Code Ch. 17.04 Sewer Service Charges

A. Residential Premises.

1. Every person, firm, corporation or entity owning or occupying premises as: a single-family residence as defined by East Bay Municipal Utility District's (EBMUD) Business Classification Code 8800, Private Residence; a multiple-family residence with two dwelling units as defined by EBMUD's Business Classification Code 6514, Rate Code 2, Duplex, Residence with two dwelling units on one meter; a multiple-family residence with three dwelling units as defined by EBMUD's Business Classification Code 6514, Rate Code 3, Triplex, Residence with three dwelling units on one meter; a multiple-family residence with four dwelling units as defined by EBMUD's Business Classification Code 6514, Rate Code 4, with four dwelling units on one meter; or a multiple-family residence with five or more dwelling units as defined by EBMUD's Business Classification Code 6513, Residence with five or more dwelling units on one meter; shall pay a sewer service charge based on each hundred cubic feet of water use per water account as established by City Council Resolution.

2. In addition, for single family residence as defined by EBMUD's Business Classification Code 8800, Private Residence, multiple-family residence with two dwelling units as defined by EBMUD's Business Classification Code 6514, Rate Code 2, Duplex, multiple-family residence with three dwelling units as defined by EBMUD's Business Classification Code 6514, Rate Code 3, Triplex, and multiple-family residence as defined by EBMUD's Business Classification Code 6514, Rate Code 4, Quad-plex, shall pay a sewer service charge based on each hundred cubic feet of water use per water account up to a maximum sewer billing amount per billing period as established by City Council Resolution. The maximum sewer billing amount shall be implemented by EBMUD. Billing periods longer than bi-monthly shall be in multiples of the monthly maximum sewer billing amount based on the number of months within the billing period and portions of a month within the billing period shall be treated as a full month when applying the maximum sewer billing amount.

3. In addition, for multiple-family residence with five or more dwelling units as defined by EBMUD's Business Classification Code 6513, Residence with five or more dwelling units, shall pay a sewer service charge based on each hundred cubic feet of water use per water account up to a maximum sewer billing amount per dwelling unit per billing period per water account as established by City Council Resolution. The maximum sewer billing amount for multiple-family residence with five or more dwelling units as defined by EBMUD's Business Classification Code 6513, Residence with five or more dwelling units shall be implemented by the Finance Department by refunding overpayments when timely claims for refund are made, pursuant to Berkeley Municipal Code, Chapter 7.20.

4. In accordance with federal and state conditions, the City may elect to rebate some or all sewer service charges paid by low income property owners with respect to their residence. The City Council shall enact a resolution to establish regulations, which reasonably determine eligibility for and which implement the rebate procedure.

B. Non-residential Premises. Except as otherwise provided in this ordinance, every person, firm, corporation or entity, including the City of Berkeley, having possession or control of premises not served by water accounts classified as residential Business Classification Codes (BCC) 8800, 6514, or 6513 shall pay sewer service charges based on each hundred cubic feet of water used by each water account serving the premises as established by City Council Resolution for the following discharge factor categories. The discharge factors are determined as a ratio of average winter water use to average annual yearly water use.

1. Non-residential EBMUD accounts with the following Business Classification Codes shall be classified in the "Discharge factor of 0.60" category.

2. Non-residential EBMUD accounts with the following Business Classification Codes shall be classified in the "Discharge factor of 0.70" category.

3. Non-residential EBMUD accounts with the following Business Classification Codes shall be classified in the "Discharge factor of 0.80" category.

4. Non-residential EBMUD accounts with the following Business Classification Codes shall be classified in the "Discharge factor of 0.90" category.

5. All non-residential EBMUD accounts with Business Classification Codes not listed in paragraphs 1 through 4 above shall be classified in the "All Other Customer Usage - Discharge factor of 1.0."

C. Public Agency Premises. Public agencies as defined in Government Code Section 54999.1(c) shall pay a sewer service charge based on each hundred cubic feet of water use per each residential or non-residential water account as defined in subsections A and B above at the rates established by City Council Resolution in accordance with Government Code Section 54999.3; provided that the City Council may also by resolution permit alternative methods for payment of sewer service charges or other compensation in lieu thereof.

D. Irrigation only (BCC 7950), fire service, and other water services accounts not connected to the City's sanitary sewer system (BCC Rate Code 7) accounts are exempt from charges under this chapter.

E. Sewer service charges for Residential and Non-residential Premises shall be paid on the customer's monthly or bimonthly EBMUD billing statement and shall become delinquent if not paid at the time the billing statement amounts are due as established by EBMUD. Accounts determined as not creditworthy by EBMUD shall be required to make a deposit of twice the estimated average periodic bill as security. In the event of nonpayment of all or a portion of the bill the deposit shall be applied to the final bill issued when service is terminated. (Ord. 6850-NS § 1 (part), 2005; Ord. 6692-NS § 1, 2002; Ord. 6443-NS § 1, 1998; Ord. 6368-NS § 1 (part), 1997; Ord. 6294-NS § 1, 1995; Ord. 6257-NS § 2 (part), 1994)

A. Except as set forth in Section 17.04.010.A.3, any person or entity billed under this chapter may, within 60 days from the date a charge, bill, or invoice is mailed, file an appeal with the Finance Department accompanied by detailed supporting factual data. If the Finance Department determines that the charge, bill, or invoice was in error, the Finance Department shall correct said charge, bill, or invoice. Failure to file an appeal of any charge, bill, or invoice in accordance with this section within the stipulated time shall be deemed acceptance of the correctness of the charge.

B. Any person or entity subject to charges imposed pursuant to this chapter may obtain a modification of the estimate of wastewater discharge to the sewer (Discharge Factor) by obtaining a wastewater discharge permit for the estimation of wastewater volume in accordance with EBMUD Ordinance No. 311A-03 as amended from time to time, Title III-Discharger Classification and Calculation of Wastewater Disposal Charges, Section 2.c, Permitted Dischargers; and Title IV-Wastewater Discharge Permits. Upon issuance of the permit by EBMUD, a copy of the permit shall be provided to the Finance Department and an adjudicated code as determined by EBMUD shall be applied in accordance with EBMUD rules and regulations. (Ord. 6850-NS § 2 (part), 2005; Ord. 6692-NS § 1, 2002; Ord. 6294-NS § 2, 1995)

To the extent permitted by law, delinquent sewer service charges may be made a lien upon the real property serviced by a connection to the City sewer system and any such liens shall continue until charges thereon are fully paid.

In accordance to other remedies provided by law, including the discontinuance of water service in accordance with East Bay Municipal Utility District procedure, an action may be brought in the name of the City in any court of competent jurisdiction for the collection of delinquent charges, and to enforce the lien of the charges thereon. The remedies herein established shall be cumulative and in addition to any or all other remedies available to the City for the collection of said charges. (Ord. 6368-NS § 1 (part), 1997; Ord. 6257-NS § 2 (part), 1994)

A. General. All costs of operation, maintenance, rehabilitation and improvement of the City’s sanitary sewers shall be paid by the users of the City’s sanitary sewers. General funds shall not be used for this purpose. Revenues collected from the users of the City’s sanitary sewers shall be reserved for this single purpose and shall not be expended for any other purpose. Interest earned on the Sanitary Sewer Operation, Maintenance and Replacement Fund and all its accounts shall remain in the fund and its accounts.

B. Fund and accounts established. All revenues collected from the charges as herein set forth shall be placed in the Sanitary Sewer Operation, Maintenance and Replacement Fund and the fund shall have two accounts which are hereby established as follows:

Operation and Maintenance Account; Sewer Rehabilitation, Replacement and Relief Sewer Account. All revenues collected shall be allocated among the two accounts in accordance with the percentage of the budgeted amounts contained in the official approved budget for the fiscal year in which the revenue is collected. The amounts so deposited in each account shall be reserved for expenditures appropriate to that account, as described in the paragraphs which follow, except that loans may be made against one or more accounts to supplement funds deposited in another account to meet the needs of a particular project approved by the City Council.

1. Operation and Maintenance Account. All expenditures budgeted and required for the normal, routine operation and maintenance and incidental repair and improvement of the sanitary sewers shall be from this account. The following line budget items shall be included, as a minimum, in each annual budget for this account:

(a) Personnel services.

(b) Supplies and services.

(c) Marina maintenance and utilities (pump stations).

(d) Sewer system studies and minor rehabilitation.

(e) Sewer maintenance equipment. All maintenance equipment expenditures shall be paid from this fund. Example expenditures include purchase of maintenance equipment, purchase of manhole castings, covers, and other materials required for sewer system maintenance and contracts for the design and construction of the same.

(f) All activities required to fulfill the requirements of the Stipulated Order in USDC Case No. C-09-05684 RS, filed September 6, 2011, and any succeeding consent decree, including, but not limited to:

1)Private Sewer Lateral Program (excluding any improvements on private property);

2)Smoke Testing (Inflow) Program; and

3)Fat, Oil and Grease (FOG) Program.

2. Sewer Rehabilitation, Replacement and Relief Sewer Account. All expenditures for the design and rehabilitation, repair, sealing or construction of improvements to sanitary sewers requiring replacement or rehabilitation because of structural failure, excessive infiltration/inflow, or other defects, shall be paid from this account. All expenditures for the design and construction of relief or enlarged sewers required to convey peak flows from infiltration/inflow shall be paid from this account. (Ord. 7276-NS § 1, 2012; Ord. 6257-NS § 2 (part), 1994)