Brisbane Municipal Code Ch. 13.08 Sewer Rates

Pursuant to the provisions of Division 5, Article 4, Chapter 6, Part 3, of the Health and Safety Code of the state, the city declares that there shall be in force in the city a system of sewer rentals and charges for all domestic, commercial, and industrial uses of the sewerage facilities of the city.

(Ord. 36 § 1, 1962).

The amounts to be charged as sewer service charges for the use of the city's sewer facilities are established and shall be effective as follows:

A. Classifications of Property. The applicable rate to be charged for sewer service shall be based upon the use classification of the property receiving sewer service, as determined by the city's finance director. Four (4) use classifications are hereby established, consisting of the following:

1. Residential uses, including, but not limited to, single-family dwelling units, duplex units, multi-family dwelling units, and mobilehome units;

2. Standard commercial uses, including, but not limited to offices, retail establishments without restaurant, warehouses, churches, and schools;

3. Medium commercial uses, including, but not limited to, automotive services, retail establishments or offices with restaurant, laundromats, and markets;

4. Heavy commercial uses, including, but not limited to, restaurants, food preparation establishments, printing shops, metal fabrication shops, and laboratories.

B. Calculation of Sewer Service Charges. Sewer service charges shall be based on a flat charge and a volume of wastewater discharged by individual premises. A flat charge is a charge to cover fixed costs associated with maintaining the ability or readiness to serve each connection. Volume shall be determined by the quantity of water consumption shown by the water meter serving the premises, subject, however, to the following exceptions:

1. In the case of residential uses, the volume of water consumption to be used for billing purposes shall be the "average winter flow." As used herein, the term "average winter flow" means the average of the measurements of water consumption for the consecutive billing periods covering the months of November, December, January and February.

2. In the event that water consumption data for a particular premises is not available the average water consumption of other premises in the same class, as determined by the finance director, shall be used.

3. Where a separate flow meter has been installed to measure the wastewater discharge from either: (a) a premises that is not being provided with water service by the city; or (b) a wastewater flow that is not generated from a potable water source, including, but not limited to, the flow originating from an approved groundwater remediation treatment facility, then the sewer service charge shall be based upon the rate applicable to one of the use classifications set forth in subsection A of this section which is most similar to the premises or facility being serviced by such meter, as determined by the director of public works.

C. Amount of charges. Sewer service charges shall be billed bimonthly. From and after June 15, 2023, the sewer service charges for each class of property shall be computed on each one hundred (100) cubic feet (ccf) of water consumption per user, as follows:

(1) Residential bill is based on winter consumption (Oct, Nov, Dec and Jan)

(2) 1 ccf = 1 hundred cubic feet = 748 gallons

D. Rate Adjustments. For any individual year, the city council may, by resolution, reduce or cancel the rate increases set forth in the tables in subsection C. Notwithstanding that rates may be reduced or cancelled in any one year, the rates set forth in the tables in subsection C for the following year will go into effect unless the city council by resolution also reduces or cancels such rate increases.

E. Late Charges. The city finance director is authorized to establish late charges on sewer service accounts that are not paid when due and for this purpose the finance director may adopt rules and procedures pertaining to the imposition and collection of such late charges.

F. Low Income Rate Assistance. A low income rate assistance (LIRA) program is established for residential households who apply and qualify for a twenty-five percent (25%) decrease in the sewer service charges on the following basis:

1. Applicants shall complete a LIRA application form, approved by the finance director for that purpose. The application shall provide adequate documentation that the head of the household is a service user whose account is listed at the service address and is personally responsible for the payment of the utility service at the service address and participates in the Pacific Gas and Electric (PG&E) lifeline program.

2. For households that do not pay gas or electric at the service address, the finance director shall make an eligibility determination based upon the standards of PG&E lifeline program in effect as of the time the application is submitted.

G. Appeal of Sewer Service Charges.

1. The service customer shall be responsible to notify the city in the event the customer believes the sewer service charge has been incorrectly calculated or is not applicable to the premises for which it has been charged.

2. The finance director or designee is empowered to provide relief if the sewer service charge has been calculated using an erroneous use classification for the property or if substantial evidence is provided demonstrating that the actual winter average or the previous winter average water consumption (for residential customers) or the actual water consumption (for commercial customers) during the billing period covered by the disputed charge is less than the volume used for calculation of such charge.

3. The service customer may appeal the finance director's decision to the city manager by filing a notice of appeal with the city clerk within ten (10) days after the date on which the finance director's decision was rendered. The city manager's decision is final.

(Ord. 489 § 1, 2004; Ord. 467 § 1, 2002; Ord. 458 § 9, 2001: Ord. 444 § 1, 2000: Ord. 390 § 1, 1993; Ord. 380 § 1, 1992; Ord. 379 § 1, 1992: Ord. 377 § l, 1992: Ord. 775 § l, 1991: Ord. 370 § 1, 1991: Ord. 367 § l, 1991: Ord. 357 § l, 1990: Ord. 336 § l, 1988: Ord. 301 § l, 1984: Ord. 249 § l, 1979: Ord. 190 § l, 1974: Ord. 55 § l, 1963: Ord. 36 § 2, 1962).

(Ord. No. 560, § 2, 6-6-11; Ord. No. 680, § 1, 5-4-23)

Commencing July 1, 1963, and continuing thereafter, all sewer rentals and fees shall be billed on the water bill of the Brisbane water department and shall be collected in the same manner as the fees and charges for the water department are collected.

(Ord. 55 § 2, 1963: Ord. 36 § 3, 1962).

In every case where a lot or parcel is situated outside the boundaries of the city to which the city renders municipal sanitary sewer service, the rates and charges as set forth in Section 13.08.020 shall be applicable.

(Ord. 55 § 4, 1963: Ord. 36 § 5, 1962).

In case of new or additional sanitary sewer connections or outlets being supplied by the city after the commencement of a particular fiscal year, the sewer rentals or charges shall be collected on the water bill of the Brisbane water department prorated from the date the connection or outlet is made.

(Ord. 55 § 6, 1963: Ord. 36 § 9, 1962).