Gilroy Municipal Code Div. 3 Agricultural Processing Sewer Charges

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Editor’s note: Ord. No. 81-9, § 1, enacted March 2, 1981, amended Art. III, Div. 3, in its entirety to read as herein set out in §§ 19.28—19.41.8. Prior to amendment, Div. 3, §§ 19.28—19.41, derived from Ord. No. 606, §§ 6—11 and Ord. No. 990, § 1, enacted Aug. 6, 1973.

Charges for the making available and the providing by the city of an agricultural processing wastewater collection, treatment and disposal service shall be as fixed from time to time by resolution of the council, a copy of which shall be kept on file at the office of the city clerk.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 14, 9-8-1981)

Charges include service charges, standby charges and right-of-use charges.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 15, 9-8-1981)

Service charges shall be established for services rendered, using the criteria of biochemical oxygen demand (“BOD”), suspended solids (“solids” or “silt”), and effluent flow (“flow”).

(Ord. No. 81-9, § 1, 3-2-1981)

Samples of agricultural processing waste discharge shall be taken, under the direction of the director, during each calendar month that an agricultural processing [system is in actual operation and discharging agricultural processing] wastewater, and shall be analyzed for BOD and solids concentrations. The cost of operation related to each of these constituents, will be distributed in proportion to the load discharged.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 16, 9-8-1981)

Editor’s note: Section 19.32, service charges based on flow, was repealed by § 17 of Ord. No. 81-28, adopted Sept. 8, 1981. Formerly, said section derived from Ord. No. 81-9, § 1, adopted March 2, 1981.

The user shall install at its expense a sewage meter on each agricultural processing waste line which discharges into the agricultural processing sewer system.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 18, 9-8-1981)

The type, location and installation of all meters shall be approved by the director.

(Ord. No. 81-9, § 1, 3-2-1981)

If the user does not install meters as directed by the director, the director may, with the approval of the city council, either install a sewer meter on the agricultural processing waste line of the user at the user’s expense or discontinue all sewer service to the user.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 19, 9-8-1981)

Standby charges shall be payable in the event service is available from the city and is not received by an agricultural processing user during a calendar year in which bonds issued pursuant to the City of Gilroy Sewer Revenue Bond Ordinance for the agricultural processing wastewater and sewage collection, treatment or disposal facilities or additions or improvements thereto are outstanding.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 20, 9-8-1981)

The annual standby charge shall be based upon a ratio computed for the latest calendar year that such service is received by such user. The ratio is that of the gross revenues of the city for such service from such user to that of the gross revenues of the city for such service from all users (including such user) from which no standby charge was payable. Such ratio shall be applied to the annual fiscal agent fee and expenses, if any, and principal of and interest on the bonds outstanding and maturing during subsequent calendar years as reduced by any standby charges payable by another user the ratio of which is computed for a calendar year preceding the calendar year for which the ratio of such user is computed, and the product is the standby charge of such user for such calendar year.

(Ord. No. 81-9, § 1, 3-2-1981)

(a) Service shall be deemed to be available from the city if the user can lawfully discharge wastewater into the agricultural processing sewer system within an aggregate period of two (2) months during a calendar year, shall be deemed to be rendered by the city if the user does discharge wastewater into such system at any time during such calendar year, and shall be deemed to be received by such user during such calendar year if such user does discharge wastewater to such system within an aggregate period of forty-five (45) days that such user is in actual operation during such calendar year.

(b) Neither the discontinuance of service nor the discontinuance of city water service, to a user by the city because of the failure or refusal of such user to comply with provisions of law, including this Code, shall be deemed to make service unavailable from the city to such user.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 21, 9-8-1981)

Right-of-use charges shall be payable by agricultural processing users for which service becomes available, except that successors by consolidation of merger of a user which is not in default in compliance with provisions of law, or assignees of all or substantially all of the assets of a user which is not in default as aforesaid and which assets are used or useful in the business conducted at the premises of such user for which service is available, shall not be required to pay a right-of-use charge.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 22, 9-8-1981)

(a) Service charges shall be due on the first day of the month succeeding the month in which service is rendered and shall be delinquent the first day of the next month thereafter, except that service charges shall be recomputed within the last three (3) months of each calendar year, and such charges for services rendered, together with the right of use and annual standby charges, if any, shall be due by the twentieth day of November and shall be delinquent the first day of December of each calendar year.

(b) All types of charges, as defined in section 19.29 hereof, which become delinquent, shall accrue basic and additional penalties. The basic penalty shall be ten (10) per cent of the delinquent charges, and shall attach the first day of the delinquency. The additional penalties shall be one-half of one per cent of the delinquent charges and basic penalty per month, and shall attach the first day of each month thereafter.

(c) If the director is of the opinion that a deposit is required to protect the interests of the city, he may require a deposit not exceeding the estimated amount of one year’s charges before permitting the discharge of wastewater into the agricultural processing sewer system, and that the deposit be maintained.

(Ord. No. 81-9, § 1, 3-2-1981; Ord. No. 81-28, § 23, 9-8-1981)