Lodi Municipal Code Art. III Service Charges and Capacity Fees

All users shall be classified for wastewater collection, treatment and disposal purposes in accordance with the principal activity conducted by the person, or the quantity and quality of discharge, as determined by the public works director. The purpose of classification is to facilitate the regulation of wastewater discharge based on quantity and quality of flow, to provide an effective means of industrial waste source control, and to establish a system of sewage service charges and capacity fees which will ensure, but not be limited to, the recovery of city capital, operating and maintenance costs in an equitable manner. It is the responsibility of the user to provide the city a reasonable estimation of wastewater quantity and quality, or other applicable units of measure, and any increases thereof, for the purpose of classification and assessment of service charges and capacity fees.

(Ord. No. 1819, 2-18-2009)

A. Basis. Charges for use of the domestic system shall be determined by the volume, BOD, and SS of wastes discharged. In addition, charges for preparation and maintaining the sewer master plan, expansion of the public works administration building, and expansion of the public works storage facilities are allocated based upon volume, BOD, and SS.

B. Applicability. Those residential, commercial and industrial users whose discharge of wastes classify them as a moderate-strength user and those dischargers of industrial and commercial wastes that classify them as high-strength users shall pay charges as determined in this section. Determination of the category for each specific user shall be made by the public works director.

C. Moderate-Strength Users. All moderate-strength un-metered users shall be assigned sewage service units. The minimum sewage service units assigned to any commercial and industrial user shall be 0.67 unit. Service charges for moderate-strength users shall be determined by multiplying the cost of one sewage service unit by the number of sewage service units assigned to each user.

1. Residential user sewage service units shall be based upon the number of bedrooms per dwelling unit as follows:

2. Commercial and industrial user sewage service charges shall be based on the number of sewage service units assigned to each user. The unit of measure for determining the number of sewage service units assigned to each user is as follows:

One sewage service unit shall be assigned to each unit of measure. Fees shall be based on a minimum of 0.67 sewage service unit and tenths of one sewage service units thereafter. At the discretion of the public works director, a commercial user's service charges and/or capacity fees may be based on actual sewer discharge flows estimated by use of a water meter or other appropriate means.

D. High-Strength Users.

1. All high-strength user sewage service charges shall be determined based upon the actual quantity of flow, BOD, and SS discharged annually.

2. The sewage service charge shall be determined by multiplying the quantity of discharged flow, BOD, and SS by the cost for each characteristic.

E. Significant Users. All significant users shall be assessed two additional sewage service units in service charges to cover the city's costs of meeting Federal Pretreatment Program requirements.

(Ord. No. 1819, 2-18-2009; Ord. No. 1870, § 2, 2-20-2013)

A. Basis. Charges for use of the domestic system shall be determined by the volume, BOD, and SS of wastes discharged. In addition, charges for preparation and maintaining the sewer master plan, expansion of the public works administration building, and expansion of the public works storage facilities are allocated based upon volume, BOD, and SS.

B. Applicability. Those residential, commercial and industrial users whose discharge of wastes classify them as a moderate-strength user and those dischargers of industrial and commercial wastes that classify them as high-strength users shall pay charges as determined in this section. Determination of the category for each specific user shall be made by the public works director.

C. Moderate-Strength Users. All moderate-strength users shall be billed based upon their average winter water usage to approximate their sewer usage. The monthly sewer bill during the entire year will be based on the average amount of water consumed during the immediately preceding rainy season months of December, January and February. As meters are installed in existing buildings, monthly sewer fees will be converted from the SSU based fees to the average winter usage rate methodology.

D. High-Strength Users.

1. All high-strength user sewage service charges shall be determined based upon the actual quantity of flow, BOD, and SS discharged annually.

2. The sewage service charge shall be determined by multiplying the quantity of discharged flow, BOD, and SS by the cost for each characteristic.

(Ord. No. 1870, § 3, 2-20-2013)

The capacity fee shall cover the capital cost associated with the POTW capacity and the planning, financing, acquisition, and development of other services and facilities directly related to the utilization of capacity by the discharger. Any actual costs incurred by the city in making the physical connection (tap) shall be separate and in addition to the capacity fee described in this section.

(Ord. No. 1819, 2-18-2009; Ord. No. 1870, § 4, 2-20-2013)

A. The city council finds and declares that the central area of Lodi as defined in this chapter, which is the traditional center of the city's business community, is presently in danger of losing economic viability. The purpose of this section is to protect a crucial part of Lodi's economy and preserve a portion of the city's heritage by offering incentives for businesses to locate, relocate or expand within this area.

B. For purposes of this section, the "central business district" shall mean an area whose boundaries are the same as those for the area subject to the city of Lodi bond issue, Series 1995-1, dated July 22, 1996, more particularly described in the bond documents and map on file with the city clerk's office.

C. Wastewater capacity fees for any permitted use which locates, relocates or expands within the central business district as defined shall be discounted as determined by the city council by resolution.

D. Notwithstanding any discount granted under this section, the monthly or annual sewage fees set by city council from time to time for any use locating, relocating or expanding within the central business district, shall be calculated on the full number of sewage service units which the use would have otherwise been responsible for under Section 13.12.180 of this code if such use was located outside the central business district.

(Ord. No. 1819, 2-18-2009)

A. Industrial system sewage service charges shall be determined based upon the actual quantity of flow and BOD discharged annually. The unit cost for each characteristic will be determined annually and multiplied by each user's measured effluent characteristics. The total of the two characteristic fees shall be the annual sewage service charge.

B. The unit cost for each characteristic shall be determined by distributing the total operation, maintenance and capital costs to each characteristic at a proportionate rate and dividing each proportionate cost by the total annual quantity of each characteristic discharged to the system.

(Ord. No. 1819, 2-18-2009)

Fees shall be determined on an individual basis by the public works director and shall be, in part, based upon the value of existing capacity to be utilized and/or the cost of providing additional new capacity. The capacity fee shall be based on a unit rate for flow and BOD.

(Ord. No. 1819, 2-18-2009)

A. Service Charge Adjustments. When it is found that a reasonable estimation of wastewater quantity or quality, or other applicable units of measure, have not been used for the assessment of sewage service charges the city has the right to make adjustments as determined by the public works director. Undercharges for the period of incorrect billing up to three years, per California Code of Civil Procedures, Section 338, are due and payable on demand and overcharges will be credited.

B. Capacity Fee Adjustments. Any user, after one full year of operating data is available, may request the public works director to make an adjustment, or the public works director may institute an adjustment, if a significant variation exists between the estimated and actual wastewater quantity or quality, or other applicable units of measure. Increases in capacity fees shall be due and payable on demand at the time the public works director makes the fee adjustment and decreases will be credited.

C. Capacity Fee Additions. When a user has in the opinion of the public works director significantly increased either wastewater quantity or quality or units of measure over what was used for all previous capacity fee calculations, additional capacity fee charges shall be assessed for the additional wastewater treatment capacity utilized. Such additional capacity fees shall be due and payable on demand at the current rate at the time the public works director makes the determination.

(Ord. No. 1819, 2-18-2009)

A. The rate for disposal of stormwaters, cooling water discharges or construction flush waters into the city's storm drain system will be established by resolution.

B. The city shall estimate and determine the amount of storm, cooling water or construction flush waters deposited into the city's storm drains unless the user of the service elects to provide, install and maintain in good working order an integrating meter satisfactory to the city for the purposes of measuring such storm, cooling water or construction flush waters.

C. In determining the amount of storm, cooling water or construction flush waters deposited into the city's storm drain system, no charge shall be made for the storm waters or minor irrigation waters or drainage from roofs, pavements or hard-surfaced areas within the city limits. Where such drainage is metered along with construction flush water, a credit of one thousand two hundred fifty gallons per year for each one hundred square feet, as projected and measured upon a horizontal plane, of such drainage area tributary to the meter shall be allowed. Where roofs or other areas are sprinkled or flushed, such flushing or sprinkling waters shall be included in the quantities for billing purposes.

(Ord. No. 1819, 2-18-2009)

The charge for a discharge of holding tank wastes shall be based on the method for determining charges for the high strength user in the domestic system as outlined in subsection 13.12.180 D. Characteristics of BOD and SS shall be determined by random sampling of holding tank waste discharges.

(Ord. No. 1819, 2-18-2009)

The schedule of charges and fees for domestic system service charges and capacity fees, industrial system service charges and capacity fees, storm drain service charges, inspection sampling and analysis charges, and holding tank waste charges will be those established and adopted by the city council from time to time by resolution.

(Ord. No. 1819, 2-18-2009)

All billing and collections for service charges shall be per Section 13.04.030 of this code.

(Ord. No. 1819, 2-18-2009)

The owner or occupants of any premises who finds that the charges and/or fees provided for in this article are unjust or inequitable may make application to the public works director to have the fees modified, in accordance with Section 13.12.590. A commercial or industrial discharger, after one full year of operating data is available, may request the public works director to make an adjustment, or the public works director may institute an adjustment, if a significant variation exists between the estimated and actual quantities for each characteristic. Increases in capacity fees shall be due and payable on demand at the time the public works director makes the fee adjustment and decreases will be credited. Increases or decreases in sewage service charges shall be implemented in the next billing following the determination by the public works director that adjustment is appropriate. Where water usage is metered, the estimated sewer flows may be compared to a two-bedroom residence (one SSU) to determine or adjust the capacity fee or sewage service charge.

(Ord. No. 1819, 2-18-2009)