Milpitas Municipal Code Art. VI Sewer Service Charges

The charges for sewer service shall be as set forth below and are limited to the actual cost of providing sewer service. The rates and effective dates for the sewer charges shall be those set forth below.

The following amounts shall be assessed upon each premise maintaining a sewer connection with the City's sewage system.

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(a) Residential—Bimonthly for Each Dwelling Unit.

(b) Commercial, Industrial and Miscellaneous Premises.

(1) Flat Rate: For non-residential accounts, there shall be a flat rate assessed every billing cycle during which normal billing takes place, regardless of the amount of sewage discharged. The Flat Rates and effective dates for the sewer charges shall be those set forth below to defray billing and sewer system administration costs.

(2) Quantity and Strength Charges: For each commercial, industrial, or miscellaneous premises, a charge for each 100 cubic feet of water used per billing cycle shall be charged as follows:

*These industrial customers are subject to sewer charge adjustments based on their sewer volumes, as indicated in their sewer flow adjustment agreements.

(3) City of San Jose for properties known as North McCarthy Properties: $555.00 bimonthly for any discharge up to 75,000 gallons per day (maximum flow). Excess flow charge of $100.00 for each 1,000 gallons per day in excess of the maximum flow or part thereof.

(c) Purpose of Charge. The purpose of the sewer service charges stated herein is to defray the City's cost for operation and maintenance of the City's facilities, capital improvement costs, the City's proportionate share of costs at the San Jose-Santa Clara Water Pollution Control Plant and the debt service related thereto, and other costs related to the provision of sewage collection and treatment.

(d) Billing. After the ordinance adopting the charges set forth herein goes into effect, customers shall be subject to the sewer service charges set forth in 6.01, for services provided on or after July 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027 respectively. In the absence of amendment of the rates set forth herein or adoption of a new rate ordinance, the rates in effect on July 1, 2027, and set forth herein shall remain in effect until amended or repealed.

(Ord. No. 208.55, § 2, 4/18/23; Ord. 208.53, § 2, 2/19/19; Ord. No. 208.50, § 2, 8/4/15; Ord. No. 208.47, § 2, 5/3/11; Ord. No. 208.44, § 1, 5/5/09)

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Where rates are herein specified to be in accordance with the use of water, all such premises shall be separately metered. Where such metering is not provided, or for newly constructed units, the City shall make a reasonable estimate of the volume of water consumed to be used as a basis for sewer service charges.

(Ord. 208, 6/17/80)

In the event of a failure to pay the charges as provided herein for sewage service, the City is authorized to disconnect sewer or water service, or both. In disconnecting such service, the City shall follow the procedures set forth in Section VIII-1-6.10. Users shall be subject to the terms of Section VIII-1-6.10. Service may be restored pursuant to the terms of Section VIII-1-6.11.

(Ord. 208.39 (2), 5/18/04: Ord. 208, 6/17/80)

All account are due and payable within fifteen (15) days of the date of the bill. Accounts shall become delinquent and a late fee equal to five percent of the amount due shall be imposed if a payment has not been received by 5:00 p.m. on the due date.

(Ord. 208.39 (3), 5/18/04: Ord. 208.8, 4/5/83)