Chapter 13.04 — SEWER SYSTEM FUNDING

As used in this chapter:

"City" means the city of Oakland.

"District" means the East Bay municipal utility district.

"Person" means and includes any person, firm, association, organization, partnership, corporation, public corporation, political subdivision, (including the city of Oakland and the Port of Oakland), county, district, the state of California, or the United States of America, or any department or agency thereof.

"Sewer facilities" means and includes both the sanitary sewer collection system and the storm sewer collection system. For purposes of this chapter, storm drain system shall have the same meaning as storm sewer system.

(Ord. 11801 § 2, 1995; prior code § 6-7.01)

Every party in whose name sewage disposal service of the East Bay Municipal Utility District (District) is granted shall pay a sewer service charge according to the rates as follows, beginning with the first billing period following January 1, 2011:

A.

A monthly charge of $25.80 is established and assessed for the use of sewer facilities for every single- family residence as defined by the District's Business Classification Code 8800, Private Residence.

B.

For multiple-family dwellings, as defined by the District's Business Classification Code 6513, Multiple Dwelling, the following monthly charges are established and assessed for the use of sewer facilities:

Duplexes: $28.95 per month;

Triplexes: $43.43 per month;

Fourplexes: $57.92 per month.

C.

For residential premises not included in Subsections A. or B., a charge based upon the cubic feet of water used on the premises will be made for the use of sewer facilities, which charge shall be computed and levied as follows:

$1.76 per 100 cubic feet per month.

In no case shall the total monthly charge be less than $25.80.

D.

For premises in the district's "commercial," "industrial," and "public authority" business certifications, a charge based on cubic feet of water used upon the premises will be made for the use of sewer facilities, which charge shall be computed and levied as specified below:

Industrial accounts: $1.60 per 100 cubic feet per month;

Commercial accounts: $1.76 per 100 cubic feet per month;

Restaurants/hotels: $1.82 per 100 cubic feet per month;

Hospitals: $1.96 per 100 cubic feet per month;

Laundromats/car washes: $2.06 per 100 cubic feet per month.

In no case shall the total monthly charge be less than $25.80.

E.

For premises with a sewage meter for measuring actual sewage flow from such premises, a charge based on cubic feet of measured sewage flow from the premises, and applicable to all buildings for water consumption cycles commencing on and after January 1, 2011, will be made for the use of sewer facilities, which charge shall be computed and levied as follows:

$2.13 per 100 cubic feet of sewage flow per month.

In no case shall the total monthly charge be less than $25.80.

F.

The sewer service charges established and assessed in Subsections C. and D. shall be applicable to premises where no meter is installed or available in said premises for measuring the volume of sewage from such premises into sewers. The sewer service charge for these premises shall be based upon the total amount of water used from all sources, as ascertained by the district, for sewage disposal service charges imposed by such district within the City.

G.

The sewer service charge established and assessed in Subsection E. shall be applicable to premises where a portion of the water received from any source does not flow into sewers because of manufacturing or removal by other means and a meter is installed or available in said premises for measuring the volume of sewage from such premises into sewers. The sewer service charge for these premises shall be based upon the volume of sewage discharging from such premises into the sewers, as ascertained by the district for sewage disposal service charges imposed by the district within the City.

H.

The charges established and assessed in Subsections A. through E. shall become due and payable on receipt of bill therefore. Such charges shall be paid directly to the City or to the district, as directed upon the bill.

I.

Beginning with annual billing period that begins on or after January 1, 2012, the sewer service charge rates established above shall be increased by 16 percent annually through the annual billing period that begins on or after January 1, 2013.

J.

For the annual billing period that begins on or after January 1, 2014, the sewer service charge rates shall be increased at an annual rate equal to but not to exceed the prior years percentage change in the Consumer Price Index for the San Francisco Bay Area, compiled by the United States Department of Labor, Bureau of Labor Statistics, or successor thereto, between such Index as of June in the year prior to the year in which rates are being increased and June 12 months earlier, as provided for the use of sewer facilities owned and operated by the City.

(Ord. No. 13035, § 1, 7-27-2010; Ord. 12540 § 1, 2003; Ord. 11801 § 1 Attachment A, 1995: prior code § 6- 7.02)

ATTACHMENT A

SEWER SERVICE CHARGE VOLUME RATES BASED ON WATER CONSUMPTION

EFFECTIVE JANUARY 01, 2004

Metered Rate

BCC (1) Description Per ccf (2)

---

0100 Agriculture $0.82

0700 Veterinarian Services $0.90

1200 Mining and Quarrying $0.82

1500 Construction $0.82

Meat

2010 Products/Process/Packaging $0.82

2020 Dairy Product Processing $0.82

2030 Fruit & Vegetable Canning $0.82

2040 Grain Mills $0.82

2050 Bakeries (including pastries) $0.82

2051 Bakeries—Bread Only $0.82

2060 Sugar Processing $0.82

2070 Fats and Oils $0.82

2077 Rendering Tallow $0.82

2080 Beverage Mfg. $0.82

2090 Specialty Food Mfg. $0.82

2091 Seafood Processing $0.82

2300 Textile Goods Mfg. $0.82

2400 Lumber & Wood Mfg. $0.82

2500 Furniture $0.82

2600 Pulp & Paper Prod Mfg $0.82

2700 Printing Publishing $0.82

2810 Inorganic Chemicals Mfg. $0.82

2820 Synthetic Material Mfg. $0.82

2830 Drugs Mfg. $0.82

2840 Clean & Sanitary Prod Mfg. $0.82

2850 Paint Mfg. $0.82

2860 Organic Chemicals Mfg. $0.82

2870 Agricultural & Chemical Mfg. $0.82

2891 Adhesive & Gelatin Mfg. $0.82

2893 Ink & Pigment Mfg. $0.82

2900 Petroleum Prod Mfg. $0.82

3000 Rubber Products $0.82

3110 Leather Tanning $0.82

3200 Earthenware Mfg. $0.82

3300 Primary Metals Mfg. $0.82

3400 Metal Prod Fabrication $0.82

3410 Drum & Barrels Mfg. $0.82

3470 Metal Finishing $0.82

3500 Machinery Mfg. $0.82

3590 Machine Shop Repair $0.82

3600 Electric Machine Mfg. $0.82

3700 Trans Equip Mfg. $0.82

3730 Shipbuilding $0.82

3800 Precision Equip Mfg. $0.82

3900 Miscellaneous Mfg. $0.82

4000 Railroad Transportation $0.82

4100 Local/Suburb Transportation $0.82

4200 Warehousing $0.82

4400 Water Transportation $0.82

4500 Air Transportation $0.82

4700 Transportation Services $0.82

4800 Elect Communications $0.82

4900 Elec., Steam, Nat Gas $0.82

4950 Sanitary Collection & Disposal $0.82

5000 Wholesale Trade $0.90

5300 Retail Trade $0.90

5400 Food Sales $0.90

5540 Gas/Oil Dealers $0.90

5811 Restaurant—Fast Food $0.94

5812 Restaurant $0.94

5813 Drinking Bar/Club $0.94

6500 Cemeteries $0.90

6513 Apt Bldg—5 or More $0.90

6800 Offices $0.90

7000 Hotels with Food $0.94

7001 Hotels without Food $0.94

7020 Boarding Houses $0.94

7200 Personal Services $0.90

7210 Commercial Laundries $1.05

7215 Coin Laundromats $1.05

7216 Clean & Dye Fabrics $1.05

7218 Industrial Laundries $1.05

7260 Crematory, Funeral Homes $0.90

7300 Laboratories $0.90

7342 Fumigating $0.90

7500 Automobile Repair Services $0.90

7539 Battery Services $0.90

7542 Auto Laundries $1.05

7600 Misc. Repair Services $0.90

7699 Septic Tank Cleaning $0.90

7900 Amusement Services $0.90

7940 Equestrian Activities $0.90

7950 Irrigation Use Only Exempt

7990 Parks and Gardens $0.90

8000 Health Services $0.90

8060 Hospitals $1.00

8200 Schools $0.90

8600 Non-Profit Organizations $0.90

(1) EBMUD's Business Classification Cost Number

(2) Hundred cubic feet

Upon the expiration of fifteen (15) days after billing for sewer service charges as herein provided, the charges shall become delinquent if the bill, or that portion thereof which is not in bona fide dispute, remains unpaid.

(Prior code § 6-7.03)

Delinquent sewer service charges which are payable directly to the city are made a lien upon the real property served by a connection to the city sewer system and such lien shall continue until the charges thereon are fully paid.

(Prior code § 6-7.04)

In addition to other remedies provided by law including the discontinuance of water service in accordance with 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.

(Prior code § 6-7.05)

A.

The fund theretofore established and known as the "sewer service charge fund" is continued. All moneys received from the charges established by this chapter shall be deposited in such fund. The moneys in this fund shall be used only for the payment of the costs in connection with acquisition, construction, reconstruction, relocation, maintenance, operation, and repair of the sewer facilities of the city and for the administration of this chapter; provided, however, that the moneys in said fund shall not be used for the acquisition or construction of new sewer facilities in unsewered areas.

B.

The moneys received from the charges established by this chapter, after deposit in the sewer service charge fund, shall be distributed as follows:

At least ninety-five (95) percent shall be for the sanitary sewer system; and, up to five percent shall be for the storm sewer system.

The intent of this provision is to have the distribution made on the basis of the amount collected. For accounting purposes, the division of moneys collected may occur at the time that such moneys are deposited in said fund. However, the establishment of separate funds or accounts shall not be required.

(Prior code § 6-7.06)

The sewer service charges herein established shall be paid to the Treasurer of the city or to any other person authorized by the Council to receive payment thereof. It shall be the duty of the Treasurer to enforce collection of said sewer service charges, and to act as the representative of the city for liaison with the district in the disposition of disputed accounts and other matters relating to billing and collecting the sewer service charge by district.

(Prior code § 6-7.07)